Scanlon v Sigiriya Capital Pty Ltd [2013] NSWSC 227

Supreme Court New South Wales

Medium Neutral Citation: Scanlon v Sigiriya Capital Pty Ltd [2013] NSWSC 227 Hearing dates: 25 & 26 February 2013 Decision date: 26 March 2013 Before: YOUNG AJ Decision: Plaintiff seeks declaration in relation to shares Catchwords: CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - construction and interpretation of contracts - whether defendant entitled to seek delivery up of shares pursuant to contract - whether breach of contract by plaintiff

CONTRACTS - EMPLOYMENT - REPUDIATION/TERMINATION - where termination by agreement admitted - whether termination either a termination by the plaintiff or a termination by the defendant for breach of contract by plaintiff

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - construction and interpretation of contracts - implied terms of good faith and reasonableness - whether excluded

CRIMINAL LAW - PARTICULAR OFFENCES - offences relating to the administration of justice - perjury and false statement - where defendant swears amended defence inconsistent with original sworn defence - explanation required Legislation Cited: Duties Act 1997 Cases Cited: Tullett Prebon (Australia) Pty Ltd v Purcell [2008] NSWSC 852 Texts Cited: Chitty on Contracts, 29th ed (2004) Category: Principal judgment Parties: Plaintiff: Alexander Witrak Scanlon Defendant: Sigiriya Capital Pty Ltd (ACN 136 058 369) Representation: Counsel: Plaintiff: Mr P Kite SC with Mr G Boyce Defendant: Mr V Bedrossian Solicitors: Plaintiff: Kardos Scanlan Lawyers Defendant: Hunt & Hunt Lawyers File Number(s): 2012/00047100 Publication restriction: None