Airport City Hotels Services Pty Ltd v Grand National Concierge Pty Ltd (No 2) [2014] NSWDC 290

District Court New South Wales

Medium Neutral Citation: Airport City Hotels Services Pty Ltd v Grand National Concierge Pty Ltd (No 2) [2014] NSWDC 290 Hearing dates: 23, 24, 25 September; 1, 2 October 2014 Decision date: 10 October 2014 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff against the defendant in the sum of $280,985.79 inclusive of interest. (2) Dismiss the cross-claim. (3) The defendant pay the plaintiff's costs of the statement of claim. (4) The cross-claimant to pay the costs of the cross-defendants. Catchwords: CONTRACT – airport transfers – level of sales commission – oral conversations – variation of contract – construction of terms – guarantee of ticket sales Legislation Cited: Civil Procedure Act 2005, s 100 Evidence Act 1995, s 43 Cases Cited: Aberford Holdings Pty Ltd trading as Carpet Cleaners Warehouse v Awad [2013] NSWDC 303 Agricultural & Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570 Franklins Pty Ltd v Metcash Trading Ltd (2009) 76 NSWLR 603 Masters v Cameron (1954) 91 CLR 353 Painaway Australia Pty Ltd v JAKL Group Pty Ltd [2011] NSWSC 205 RT & YE Falls Investments Pty Ltd v State of New South Wales [2001] NSWSC 1027 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Airport City Hotels Services Pty Ltd (plaintiff/second cross-defendant) Grand National Concierge Pty Ltd (defendant/cross-claimant) Raquel Barkho (first cross-defendant) Representation: Counsel: Mr P Finch (plaintiff/second cross-defendant) Mr A Radojev (defendant/cross-claimant) (first cross-defendant)