NSW Caselaw
Reported Decision: 76 NSWLR 129
New South Wales Court of Appeal
CITATION: Centennial Coal Company Ltd v Xstrata Coal Pty Ltd [2009] NSWCA 341
HEARING DATE(S): 1 October 2009
JUDGMENT DATE: 16 October 2009
JUDGMENT OF: Hodgson JA at 1; Tobias JA at 46; Campbell JA at 47
DECISION: Appeal dismissed with costs.
CATCHWORDS: CONTRACTS – Construction – Sale of coal mining project – Agreement that parties use reasonable endeavours to novate for benefit of purchaser rights in relation to a coal loading facility – Whether "reasonable endeavours" included taking steps to implement pre-emption provisions – Agreement that capacity at the coal loading facility be made available – Whether that agreement merely subsidiary to the agreement concerning novation.
CATEGORY: Principal judgment
CASES CITED: IBM United Kingdom Limited v Rockware Glenn Limited [1980] FSR 335 O'Rourke v P & B Corporation Pty Limited [2008] WASC 36; (2008) 36 WAR 197
CENTENNIAL COAL COMPANY LIMITED (First Appellant) PARTIES: CENTENNIAL HUNTER PTY LIMITED (Second Appellant) XSTRATA COAL PTY LIMITED (First Respondent) XSTRATA MANGOOLA PTY LIMITED (Second Respondent)
FILE NUMBER(S): CA 40295/09
COUNSEL: A J MEAGHER SC/ M A JONES/ E M PEDEN (Appellants) A J L BANNON SC/ G K J RICH (Respondents)
SOLICITORS: Clayton Utz (Appellants) Chang, Pistilli & Simmons (Respondents)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 50072/09
LOWER COURT JUDICIAL OFFICER: Brereton J
LOWER COURT DATE OF DECISION: 11 August 2009
LOWER COURT MEDIUM NEUTRAL CITATION: Centennial Coal Company Ltd v Xstrata Coal Pty Ltd [2009] NSWSC 788
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