V8 Supercars Holdings Pty Ltd v Lucas Dumbrell Investments Pty Ltd [2014] NSWSC 1391

Supreme Court New South Wales

Medium Neutral Citation: V8 Supercars Holdings Pty Ltd v Lucas Dumbrell Investments Pty Ltd [2014] NSWSC 1391 Hearing dates: 8 October 2014 Decision date: 13 October 2014 Before: Pembroke J Decision: See paragraphs [18] & [20] Catchwords: CONTRACT - construction - commercial contract - absurdity - adherence to actual language and syntax utilised Cases Cited: Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7 Category: Separate question Parties: V8 Supercars Holdings Pty Ltd - first plaintiff Australian Motor Racing Partners Pty Ltd - second plaintiff Lucas Dumbrell Investments Pty Ltd - first defendant Sanpoint Pty Ltd - second defendant Representation: Counsel: P S Braham SC with M Izzo and T O'Brien - for the first and second plaintiffs P Collinson QC with D L Cook - for the first defendant A Henskens SC with D Koch - for the second defendant Solicitors: Deutsch Miller - for the first and second plaintiffs Marshalls & Dent - for the first defendant Kalus Kenny Intelex - for the second defendant File Number(s): 2014/254679

Judgment

Introduction 1This is the hearing of several separate questions relating to the proper construction of two contracts in the same form. Each contract is known as a 'Racing Entitlement Contract' (REC). The parties to the first contract include the first plaintiff (V8 Holdings), V8 Supercars Australia Pty Ltd (V8SCA) and the first defendant. The parties to the second contract include V8 Holdings, V8SCA and the second defendant. The first and second defendants each operate a motor racing team that, until the events that gave rise to this litigation, entered V8 Supercars in motor racing events conducted in accordance with Rules promulgated by V8SCA. The relationship between each Team and V8 Holdings and V8SCA is governed in all relevant respects by the terms of their respective REC.