Motel Federation of Australia Limited trading as Best Western Australia v Lenarbo Pty Limited trading as Golden Age Motor Inn [2010] NSWSC 806

New South Wales Supreme Court

CITATION : Motel Federation of Australia Limited trading as Best Western Australia v Lenarbo Pty Limited trading as Golden Age Motor Inn [2010] NSWSC 806 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 20 July 2010

JUDGMENT DATE : 28 July 2010

JURISDICTION : COMMON LAW

JUDGMENT OF : Davies J

DECISION : (1) The appeal is dismissed. (2) Leave granted to the Defendants to appeal against the order for costs made by the Magistrate. (3) The Defendants' appeal against the costs order made by the Magistrate is allowed. (4) Set aside the costs order made by the Magistrate and in lieu order that the Plaintiff pay the Defendants' costs of the proceedings in the Local Court from the date of service of the Defendants' Calderbank letter. (5) Cross-appeal otherwise dismissed. (6) The Plaintiff is to pay the Defendants' costs of the appeal. (7) No costs of the Cross-Appeal.

CATCHWORDS : CONTRACTS - general contractual principles - discharge, breach and defences to action for breach - repudiation - both parties purport to terminate contract - which party in default of contractual obligations. APPEAL - from Local Court - correct result but for reasons involving error of law - leave to appeal in respect of costs orders in the Local Court.

LEGISLATION CITED : Local Court Act 2007

CATEGORY : Principal judgment

CASES CITED : Ashi Pty Limited v Karasco Investments Pty Ltd [2009] NSWSC 780

Motel Federation of Australia Limited t/as Best Western Australia (Plaintiff/Cross-Defendant) PARTIES : Lenarbo Pty Limited t/as Golden Age Motor Inn (First Defendant/Cross-Claimant) Leslie John Norris (Second Defendant/Cross-Claimant)