Arida v Arida & Ors [2013] NSWSC 1051

Supreme Court New South Wales

Medium Neutral Citation: Arida v Arida & Ors [2013] NSWSC 1051 Hearing dates: 26 July 2013 Decision date: 30 July 2013 Jurisdiction: Equity Division Before: White J Decision: Parties to bring in short minutes of order in accordance with the reasons. Catchwords: CONTRACTS - general contractual principles - construction and interpretation of contracts - agreement required valuation of property as at a particular date be obtained - valuer made valuation as at a later date, then subsequently made valuation as at requested date - whether valuer's task was complete upon making first valuation - whether term can be implied into agreement that valuer entitled to make new valuation Cases Cited: Legal and General Life of Australia Limited v A Hudson Pty Limited (1985) 1 NSWLR 314 AGL Victoria Pty Limited v SPI Networks (Gas) Pty Limited [2006] VSCA 173 Jones v Sherwood Computer Services plc [1992] 2 All ER 170 Veba Oil Supply & Trading GmbH v Petrotrade Inc [2001] EWCA Civ 1832; [2002] 1 All ER 703 Mordue v Palmer (1870) LR 6 Ch App 22 Larking v Great Western (Nepean) Gravel Limited (1940) 64 CLR 221 Category: Principal judgment Parties: Tony Arida (Plaintiff) Sid Arida (1st Defendant) Joseph Arida (2nd Defendant) George Arida (3rd Defendant) Wayne Wotton (4th Defendant) Representation: Counsel: M Jones SC with V McWilliam (Plaintiff) K P Smark SC with M J Stevens (1st to 3rd Defendants) Solicitors: Greenaway & Tohme Solicitors (Plaintiff) Somerset Ryckmans (Defendants) File Number(s): 2013/143977