Bright v Joodie Holdings No 2 Pty Ltd [2005] NSWCA 134

Reported Decision : (2005) Aust Contract Reports 90-210

New South Wales Court of Appeal

CITATION: Bright v Joodie Holdings No 2 Pty Ltd [2005] NSWCA 134

HEARING DATE(S): 14, 15 March 2005

JUDGMENT DATE: 28 April 2005

JUDGMENT OF: Sheller JA at 1; Santow JA at 2; Campbell AJA at 90

DECISION: Appeal allowed with costs with orders at para [89].

CATCHWORDS: CONTRACT - Medical services arrangement and sublease - interpretation of contractual arrangements as to whether medical practitioner had right to use shared facilities by way of procedures room or whether dependent on favourable exercise of discretion by sublessor Medical Centre proprietor - no capacity of sublessor to attach conditions outside those expressly referred to in the clause such as extent of insurance or possible obligation to register under relevant legislation - principles of contractual interpretation as regards background knowledge reasonably available to the parties - capacity to terminate on the ground of breach constituting repudiation - PROCEDURE - scope of appellate review where credibility findings based on incorrect interpretation of medical practitioner's rights.

LEGISLATION CITED: Private Hospitals and Day Procedure Centres Act 1988 and Regulations

Archibald v Byron Shire Council (2003) 129 LGERA 311 Fox v Percy (2003) 214 CLR 118 CASES CITED: Investors Compensation Scheme Ltd v West Bromwich Building Society (1998) 1 WLR 896 Maggbury Pty Limited v Hafele Australia Pty Limited (2001) 210 CLR 181

Ralph Thomas BRIGHT (Appellant) PARTIES: JOODIE HOLDINGS No. 2 PTY LTD (ACN 093 030 392) (Respondent)

FILE NUMBER(S): CA 40130/04

Miss C NEEDHAM, SC/ S BELL (Appellant) COUNSEL: D J FAGAN, SC/ J B CONOMY (Respondent)