Polo Enterprises Australia Pty Limited v Pinctada Hotels and Resorts Pty Limited & Anor [2012] NSWSC 1518

Supreme Court New South Wales

Medium Neutral Citation: Polo Enterprises Australia Pty Limited v Pinctada Hotels and Resorts Pty Limited & Anor [2012] NSWSC 1518 Hearing dates: 16 November 2012 Decision date: 10 December 2012 Jurisdiction: Equity Division Before: Bergin CJ in Eq Decision: Amended Summons dismissed with costs Catchwords: [CONTRACT] - construction of Joint Venture Agreement to hold an Event - whether party who offers an unaccepted first right of refusal has an exclusive right to hold the Event in the future - where acceptance of "option" a mechanism to revive the joint venture relationship - whether party who did not take up option is restrained from holding the Event.

[WORDS AND PHRASES] - "at liberty" - "consecutive" - "exclusive first right of refusal". Cases Cited: BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Coal Cliff Collieries Pty Ltd v Sijehama Pty Ltd (1991) 24 NSWLR 1 Codelfa Construction Pty Limited v State Rail Authority (NSW) (1982) 149 CLR 337 Manchester Ship Canal Company v Manchester Racecourse Company [1901] 2 Ch 37. McCann v Switzerland Insurance Australia Ltd (2000) 203 CLR 579 Upper Hunter County District Council v Australian Chilling & Freezing Co Ltd (1968) 118 CLR 429 Category: Principal judgment Parties: Polo Enterprises Australia Pty Ltd (Plaintiff) Pinctada Hotels and Resorts Pty Limited (1st Defendant) Gazmedia Temp Pty Ltd (now known as Cable Beach Polo Pty Ltd) (2nd Defendant) Representation: L V Gyles SC/A Oag (Plaintiff) W A D Edwards (Defendants) Gilbert & Tobin (Plaintiff) John De Mestre & Co agent for Jarman McKenna (Defendants) File Number(s): 2012/306533