NSW Caselaw
New South Wales Supreme Court
CITATION : Crown International Consortium Pty Limited v Bruce Lyon (Holdings) Limited [2009] NSWSC 1194 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 20, 21 October 2009
JUDGMENT DATE : 10 November 2009
JUDGMENT OF : Hammerschlag J
DECISION : Summons dismissed with costs and the cross-claim dismissed with costs
CATCHWORDS : CONTRACT – construction – joint venture agreement under which joint venturers in the development of real estate agreed that a company related to one of them will be appointed exclusive agent to market the development – parties appoint the agent to be exclusive for a limited period – one joint venturer proposes additional agent after expiry of exclusive period which other party rejects – whether on the proper construction of the agreement the party rejecting the proposal is in breach – PRACTICE AND PROCEDURE – declaratory relief – both parties claim declarations as to the operation of the agreement – lack of utility – declarations refused - DAMAGES – loss of opportunity – requirements for – plaintiff failed to establish breach or any damage arising from conduct complained of
CATEGORY : Principal judgment
Commonwealth of Australia v BIS Cleanaway Ltd [2007] NSWSC 1075 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 International Air Transport Association v Ansett Australia Holdings Ltd (Subject to Deed of Company Arrangement) (2008) 234 CLR 151 FAI Traders Insurance Co Ltd v Savoy Plaza Pty Ltd [1993] 2 VR 343 Wilkie v Gordian Runoff Limited (2005) 221 CLR 522 Australian Broadcasting Commission v Australasian Performing Right Association Limited (1973) 129 CLR 99 United Group Rail Services Limited v Rail Corporation New South Wales [2009] NSWCA 177 CASES CITED : Shepherd v Felt & Textiles of Australia Ltd (1931) 45 CLR 359 Secured Income Real Estate (Aust) Ltd v St Martins Investments Pty Ltd (1979) 144 CLR 596 Luna Park (NSW) Ltd v Tramways Advertising Pty Ltd (1938) 61 CLR 286 Wenham v Ella (1972) 127 CLR 454 Sellars v Adelaide Petroleum NL (1992) 179 CLR 332 The Commonwealth of Australia v Amann Aviation Pty Ltd (1991) 174 CLR 64 Malec v JC Hutton Pty Ltd (1990) 169 CLR 638 Daniels v Anderson (1995) 37 NSWLR 438 Troulis v Vamvoukakis [1998] NSWCA 237
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