Capital Radio Network Pty Ltd v Garrott [2008] NSWSC 17

New South Wales Supreme Court

CITATION : Capital Radio Network Pty Ltd v Garrott [2008] NSWSC 17

HEARING DATE(S) : 06/12/07, 07/12/07

JUDGMENT DATE : 30 January 2008

JURISDICTION : Equity Division

JUDGMENT OF : Barrett J

DECISION : Claims in statement of claim to be dismissed. Declaration to be made substantially as sought by cross-claim. Money judgments to be ordered in favour of defendants/cross-claimants subject to confirmation of relevant sums. Interest to be awarded pursuant to Civil Procedure Act 2005, s 100. Plaintiffs to pay defendants' costs. Short minutes to be brought in.

CATCHWORDS : CONTRACTS - construction - provision for particular matter to be resolved by expert determination if not agreed by parties - whether determination of expert validly and effectively made in accordance with the provision

LEGISLATION CITED : Civil Procedure Act 2005, s 100

CATEGORY : Principal judgment

DTR Nominees Pty Ltd v Mona Homes Pty Ltd [1978] HCA 12; (1978) 138 CLR 423 at CLR 429 CASES CITED : Ferrall and McTaggart as Trustees for the Sapphire Trust and Ors and Blyton and Attorney-General of the Commonwealth [2000] FamCA 1442; (2000) 27 FamLR 178 Legal and General Life of Australia Ltd v A Hudson Pty Ltd (1985) 1 NSWLR 314

Capital Radio Network Pty Limited - First Plaintiff Radio Goulburn Pty Limited - Second Plaintiff PARTIES : Radio Canberra Pty Limited - Third Plaintiff Radio Snowy Mountains Pty Limited - Fourth Plaintiff Geoffrey Robert Garrott - First Defendant Martina Ball - Second Defendant

FILE NUMBER(S) : SC 1547/04

COUNSEL : Mr G P McNally SC - Plaintiffs Mr N C Hutley SC/Mr M B J Lee - Defendants