NSW Caselaw
New South Wales Court of Appeal
CITATION: REST SEA Gas Pipelines Pty Limited v APT SEA Gas Holdings Pty Limited [2010] NSWCA 296
HEARING DATE(S): 5 November 2010
JUDGMENT DATE: 5 November 2010
JUDGMENT OF: Allsop P at 1; Hodgson JA at 25; Campbell JA at 26
EX TEMPORE JUDGMENT DATE: 5 November 2010
The Orders of the Court are: DECISION: 1. Appeal dismissed with costs. 2. Cross-appeal dismissed with no order as to costs.
CATCHWORDS: CONTRACT – construction – whether there was unconditional acceptance of an offer in accordance with partnership agreement – objective and contextual approach to interpretation
CATEGORY: Principal judgment
APT SEA Gas Holdings Pty Limited v ANP SEA Gas Holdings Pty Limited [2010] NSWSC 1221 Carter v Hyde [1923] HCA 36; 33 CLR 115 International Air Transport Association v Ansett Australia Holdings Limited [2008] HCA 3; 234 CLR 151 CASES CITED: Maggbury Pty Limited v Hafele Australia Pty Limited [2001] HCA 70; 210 CLR 181 Pacific Carriers Limited v BNP Paribas [2004] HCA 35; 218 CLR 451 Toll (FGCT) Pty Limited v Alphapharm Pty Limited [2004] HCA 52; 219 CLR 165 ZHU v Treasurer of the State of New South Wales [2004] HCA 56; 218 CLR 530
REST SEA Gas Pipelines Pty Limited (ACN 101 412 033) (Appellant/First Cross-Respondent) PARTIES: APT SEA Gas Holdings Pty Limited (ACN 124 754 767) (First Respondent/Cross-Appellant) ANP SEA Gas Holdings Pty Limited (ACN 099 332 297) (Second Respondent/Second Cross-Respondent)
FILE NUMBER(S): CA 2010/323974
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