Starlink International Group Pty Ltd v Coles Supermarkets Australia Pty Ltd & Anor [2011] NSWSC 1154

Supreme Court New South Wales

Medium Neutral Citation: Starlink International Group Pty Ltd v Coles Supermarkets Australia Pty Ltd & Anor [2011] NSWSC 1154 Hearing dates: 29, 30 and 31 August 2011 Decision date: 27 September 2011 Jurisdiction: Equity Division Before: Bergin CJ in Eq Decision: Plaintiff's claims dismissed Catchwords: [CONTRACT] - termination of plaintiff's contract - whether implied duty of good faith to act reasonably in terminating contract pursuant to special condition that provides for termination "at any time without a reason" [ESTOPPEL] - whether representation made that defendants would only exercise right to terminate under special condition if plaintiff guilty of poor performance - whether defendants estopped from exercising right under special condition Cases Cited: B.P. Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Codelfa Construction Pty Ltd v State Rail Authority of N.S.W. (1982) 149 CLR 337 Esso Australia Resources Pty Ltd v Southern Pacific Petroleum NL (Receivers and Managers Appointed) (Administrators Appointed) [2005] VSCA 228 Insight Oceania Pty Ltd v Philips Electronics Australia Ltd [2008] NSWSC 710 Renard Constructions (ME) Pty Ltd v Minister for Public Works (1992) 26 NSWLR 234 Category: Principal judgment Parties: Starlink International Group Pty Ltd (Plaintiff) Coles Supermarkets Australia Pty Ltd (First Defendant) Kmart Australia Limited (Second Defendant) Representation: DE Grieve QC/M McHugh (Plaintiff) MA Ashhurst SC/SB Docker (First and Second Defendants) Prime Lawyers (Plaintiff) Lander & Rogers Lawyers (First and Second Defendants) File Number(s): 2011/248798 Publication restriction: Nil