NSW Caselaw
New South Wales Supreme Court
CITATION : Tiliacos-Trowthe v Gymea Miranda Bowling & Sports Club Ltd [2008] NSWSC 1299
HEARING DATE(S) : 2 and 3 December 2008
JUDGMENT DATE : 3 December 2008
JURISDICTION : Equity Division
JUDGMENT OF : Palmer J
EX TEMPORE JUDGMENT DATE : 3 December 2008
DECISION : Judgment for Defendant.
CATCHWORDS : CONTRACT – UNCONSCIONABLE CONDUCT – Whether Defendant had made oral contract on certain terms – whether Plaintiff had later signed less favourable contract because of unconscionable conduct of Defendant. - HELD: Parties had not made oral contract.
LEGISLATION CITED : Trade Practices Act 1974 (Cth) – s.51AA, s.51AC, s.87
CATEGORY : Principal judgment
PARTIES : Helen Tiliacos-Trowthe (Plaintiff) Gymea Miranda Bowling and Sports Club Ltd (Defendant)
FILE NUMBER(S) : SC 4768/08
COUNSEL : N.A. Cotman SC (Plaintiff) J.S. Whyte (Defendant)
SOLICITORS : Brown & Partners (Plaintiff) Solari Legal (Defendant)
PALMER J.
4768/08 Tiliacos-Trowthe v Gymea Miranda Bowling & Sports Club Ltd
JUDGMENT – Ex tempore 3 December, 2008
Introduction
1 The Plaintiff carries on business as a caterer. The Defendant is an incorporated social club. 2 By an agreement in writing dated 18 September 2007 ("the Written Agreement"), the Defendant ("the Club") granted to the Plaintiff a licence to use certain parts of its premises to provide catering services for members of the Club and for Club functions. The duration of the Written Agreement was for twelve months, expiring on 18 September 2008. The Written Agreement provided that, at the expiry of the term, the parties would enter into an agreement for a further term of twelve months, but only if both parties agreed. 3 On 29 August 2008, the Defendant wrote to the Plaintiff advising that, upon expiry of the term of the Written Agreement on 17 September 2008, the Defendant would not agree to the grant of a further term and requested the Plaintiff to vacate the premises. The Plaintiff, by letter dated 14 September 2008, requested that she be allowed until 1 January 2009 to vacate. The Defendant declined that request.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate