NSW Caselaw
New South Wales Supreme Court
CITATION : BOYDED INDUSTRIES PTY LTD v BITANNIA PTY LTD & ORS [2008] NSWSC 1256
HEARING DATE(S) : 10-11/11/2008
JUDGMENT DATE : 28 November 2008
JURISDICTION : Equity
JUDGMENT OF : Bryson AJ at 1
DECISION : Order that judgment be given for the defendants with costs.
CATCHWORDS : CONTRACT - construction of written agreement - Parties to Joint Venture (Partnership) owned and operated Belmore Hotel - purchased Albion Hotel Cootamundra for dominant purpose of controlling and transferring poker machine entitlements - Albion Hotel purchased with funds of partnership - Boyded owned 2/3 share of partnership and registered proprietor of 2/3 share as tenant in common of both hotels - by 2 contemporaneous agreements (1) Boyded sold its share in real property and partnership at Belmore to three companies (2) dissolved partnership and released assets to new partners being Bitannia (continuing partner) and those three ocmpanies - neither document specifically mentioned Albion Hotel - HELD Albion Hotel passed on general disposition of partnership assets. Decision on non-standard contract documents.
CATEGORY : Principal judgment
Codelfa Constructions Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1978) 138 CLR 423 Equuscorp Pty Ltd v Glengallen Investments Pty Ltd 218 CLR 471 CASES CITED : Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451 Prenn v Simmonds [1971] 1 WLR 1381 Reardon Smith Line Ltd v Hansen-Tangen [1976] 1 WLR 989 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165
PARTIES : Boyded Industries Pty Limited - Plaintiff Bitannia Pty Limited, Beneera Pty Limited, Besure Pty Limited & BXMAS Pty Limited - 1st - 4th Defendants
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