Ulladulla Fish Traders Pty ltd v Ulladulla Fisherman's Co-op [2013] NSWSC 1453

Supreme Court New South Wales

Medium Neutral Citation: Ulladulla Fish Traders Pty ltd v Ulladulla Fisherman's Co-op [2013] NSWSC 1453 Hearing dates: 16 and 17 September 2013 Decision date: 27 September 2013 Jurisdiction: Equity Division - Expedition List Before: Rein J Decision: Held that the defendant is in breach of its sublease with the plaintiff in entering into a sublease for another shop that allows the sublessee of the other shop to sell live seafood of any description but not in breach by permitting the sublessee of the other shop to sell frozen seafood or bait and berley (whether frozen or not). Catchwords: CONTRACT - contractual construction - whether the defendant is in breach of subleases with the plaintiff in entering into a sublease with a third party that permits the sublessee to sell by wholesale or retail, whether for export or not, live seafood of any description, frozen seafood or bait and berley Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Appleby v Pursell [1973] 2 NSWLR 879 Bickmore v Dimmer [1903] 1 Ch 158 JP Morgan Australia Ltd v Consolidated Mineral Pty Ltd [2011] NSWCA 3 Vince Cole Pty Ltd v Skischufabrik Dynafit (Unreported, NSW Court of Appeal, 28 October 1985) Texts Cited: Lewison and Hughes, The Interpretation of Contracts in Australia (2012) Lawbook Co Category: Principal judgment Parties: Ulladulla Fish Traders Pty Ltd (plaintiff) Ulladulla Fisherman's Co-operative Society Limited (defendant) Representation: Counsel: Mr J.A. Trebeck (plaintiff) Mr M.K. Minehan (defendant) Solicitors: Bayside Lawyers (plaintiff) Hozack Clisdell Lawyers (defendant) File Number(s): 2013/95243