Trackcorp Adrenalin Pty Ltd v Bathurst Regional Council (No.3) [2014] NSWSC 690

Supreme Court New South Wales

Medium Neutral Citation: Trackcorp Adrenalin Pty Ltd v Bathurst Regional Council (No.3) [2014] NSWSC 690 Hearing dates: 18-22, 28, 29 November 2013, 26 February 2014 Decision date: 30 May 2014 Jurisdiction: Equity Division Before: Darke J Decision: Further Amended Statement of Claim is dismissed with costs. Catchwords: CONTRACT - breach - contract permitting plaintiff to hold motor sport event - exclusivity provision - whether defendant breached provision by allowing other promoters to conduct events substantially similar to plaintiff's event - no breach established

EQUITY - remedies - rectification - alleged common intention not established

NEGLIGENCE - existence of duty of care - whether duty owed by one contracting party to another to ensure no breach of exclusivity provision - duty not found to exist

TRADE AND COMMMERCE - representations made in contractual negotiations - whether misleading or deceptive - no misleading or deceptive conduct found - Fair Trading Act 1987 (NSW) s 42

CONTRACT - breach - obligation to hold good faith negotiations - content of obligation - no failure to honestly and genuinely participate in negotiations - no breach established

REMEDIES - restitution - mistake - fees paid in belief that local council was duly authorised to charge the fees - whether council duly authorised to charge the fees - council had authority to charge the fees - mistake not established

LOCAL GOVERNMENT - power of Council to charge fees to hire motor racing circuit - whether only power is given by Part 10 of Chapter 15 of Local Government Act 1993 (NSW) - whether Council had power to charge fees under Chapter 6 of Local Government Act or general power to contract Legislation Cited: Interpretation Act 1987 (NSW) s 50(1)(e) Fair Trading Act 1987 (NSW) s 42 Local Government Act 1993 (NSW) Part 10 of Chapter 15 Mount Panorama Motor Racing Act 1989 (NSW) s 5 Cases Cited: Bush v National Australia Bank Ltd (1992) 35 NSWLR 390 Caltex Refineries (Qld) Pty Ltd v Stavar (2009) 75 NSWLR 649; [2009] NSWCA 258 Coal Cliff Collieries Pty Ltd v Sijehama Pty Ltd (1991) 24 NSWLR 1 Commissioner of Stamp Duties (NSW) v Carlenka Pty Ltd (1995) 41 NSWLR 329 Codelfa Construction Pty Ltd v State Rail Authority of NSW [1982] HCA 24; (1982) 149 CLR 337 Dowling v Dalgety Australia Ltd (1992) 34 FCR 109 McCrohon v Harith [2010] NSWCA 67 McGrath v Australian Naturalcare Products Pty Ltd [2008] FCAFC 2; (2008) 165 FCR 230 Sellars v Adelaide Petroleum NL [1994] HCA 4; (1994) 179 CLR 332 United Group Rail Services Limited v Rail Corporation New South Wales (2009) 74 NSWLR 618; [2009] NSWCA 177 Category: Principal judgment Parties: Trackcorp Adrenalin Pty Ltd (plaintiff) Bathurst Regional Council (defendant) Representation: Counsel: G A Sirtes SC, S A Lawrance (plaintiff) B W Rayment QC, J E Thomson (defendant) Solicitors: Whittens & McKeough (plaintiff) McIntosh McPhillamy & Co (defendant) File Number(s): 2010/76709 Publication restriction: Nil