Kissane Family Pty Limited as Trustee for the Kissane Family Trust v Burns [2015] NSWSC 423

Supreme Court New South Wales

Medium Neutral Citation: Kissane Family Pty Limited as Trustee for the Kissane Family Trust v Burns [2015] NSWSC 423 Hearing dates: 11 December 2014 Date of orders: 16 April 2015 Decision date: 16 April 2015 Jurisdiction: Equity Division Before: Lindsay J Decision: Judgment for the plaintiff against the Fifth, Sixth and Seventh Defendants, guarantors of Trinity Sports & Events Management Pty Ltd (In Liquidation) Catchwords: CONTRACTS – General contractual principles – Construction and interpretation of contracts – Meaning attributed to clause for repayment of funds Legislation Cited: Civil Procedure Act 2005 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: Codelfa Constructions Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 at 350 Coshott v Sakic (1998) 44 NSWLR 667 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640 at 656-657 [35] Mainteck Services Pty Ltd v Stein Heurty SA [2014] NSWCA 184; (2014) 310 ALR 113 at [79] and Newey v Westpac Banking Corporation [2014] NSWCA 319 at [86]-[91] Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2014] NSWCA 323 at [36]-[39] Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 at 179 [40] Texts Cited: - Category: Principal judgment Parties: Plaintiff: Kissane Family Pty Limited First Defendant: Troy Adam Burns Second Defendant: GP Kearney & Co Pty Ltd Third Defendant: William Samuel Dockrill Fifth Defendant: Sam Righi Sixth Defendant: Alan Norman Fleming Seventh Defendant: Rodney Stewart Representation: Counsel: Plaintiff: DJ Fagan with V Bedrossian First & Second Defendants: JS Tobin Third Defendant: DA Lloyd Fifth, Sixth & Seventh Defendants: G Lucarelli