Collector Quarries Pty Ltd v J.J. & L.L. Reardon Pty Ltd [2014] NSWSC 1175

Supreme Court New South Wales

Medium Neutral Citation: Collector Quarries Pty Ltd v J.J. & L.L. Reardon Pty Ltd [2014] NSWSC 1175 Hearing dates: 16 & 17 July 2014 Decision date: 26 August 2014 Jurisdiction: Equity Division Before: Kunc J Decision: Amended Statement of Claim dismissed Catchwords: CONTRACTS - Construction and interpretation - What land subject to Extraction Agreement - No issue of principle ESTOPPEL - Estoppel by convention - Whether defendant estopped from denying certain land subject to Extraction Agreement - No issue of principle Legislation Cited: Conveyancing Act 1919 (NSW) Real Property Act 1900 (NSW) Cases Cited: Electricity Generation Corporation (trading as Verve Energy) v Woodside Energy Ltd [2014] HCA 7; (2014) 306 ALR 25; (2014) 88 ALJR 447 M K & J A Roche Pty Ltd v Metro Edgley Pty Ltd [2005] NSWCA 39 Moratic Pty Ltd v Lawrence James Gordon and Anor [2007] NSWSC 5; (2007) 13 BPR 24,713 Ryledar Pty Ltd & Anor v Euphoric Pty Ltd [2007] NSWCA 65; (2007) 69 NSWLR 603 Category: Principal judgment Parties: Collector Quarries Pty Ltd ACN 115 782 413 (Plaintiff) J.J. & L.L. Reardon Pty Ltd ACN 071 134 042 (Defendant) Representation: Counsel: G.R. Waugh (Plaintiff) D. Klineberg (Defendant) Solicitors: Philip Goldman & Co (Plaintiff) Simpson Partners Lawyers Pty Ltd (Defendant) File Number(s): 2013/287770 Publication restriction: No

Judgment

Summary 1The Barina Quarry (the "Quarry") is located approximately two kilometres south-east of Collector in New South Wales. The plaintiff ("Collector Quarries") operates the Quarry under an extraction agreement dated 1 September 1997 (the "Extraction Agreement") with the defendant J.J. & L.L. Reardon Pty Ltd (the "Owner"). The Owner is the registered proprietor of the land on which the Quarry is located. 2Some of the land the subject of the Extraction Agreement was, at the time that agreement was entered into, bisected by the boundary between Gunning Shire to the west and Mulwaree Shire to the east. The principal relief which Collector Quarries seeks by its amended statement of claim is a declaration that it has a caveatable interest over the real property which Collector Quarries says is the land the subject of the Extraction Agreement. The issue before the Court is whether that land includes the land that was within Mulwaree Shire. 3The dispute between the parties requires two questions to be answered. Those questions and the Court's answers are: (1)On the proper construction of the Extraction Agreement, does the land which is the subject of that agreement include the land which, as at the date of the Extraction Agreement, fell within Mulwaree Shire? No. (2)If the answer to question (1) is "No", is the Owner estopped by convention from denying that the land which, as at the date of the Extraction Agreement, fell within Mulwaree Shire is part of the land which is the subject of the Extraction Agreement? No.