Yulema Pty Ltd & Anor v Simmons & Anor [2015] NSWSC 640

Supreme Court New South Wales

Medium Neutral Citation: Yulema Pty Ltd & Anor v Simmons & Anor [2015] NSWSC 640 Hearing dates: 18 & 19 May 2015 Date of orders: 27 May 2015 Decision date: 27 May 2015 Jurisdiction: Equity Division Before: Slattery J Decision: Judgment for the first plaintiff Yulema for $347,632.67 plus interest from 6 May 2011. The defendants are to pay the plaintiffs' costs of these proceedings. Catchwords: CONTRACTS – construction of contract – principal written contract – oral collateral contract – question of fact as to express terms of collateral contract – implied terms – whether oral collateral contract included implied term that obligation to pay was subject to settlement occurring pursuant to the terms of the principal contract. Cases Cited: BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Hawkins v Clayton (1988) 164 CLR 539 Phoenix Commercial Enterprises v City of Canada Bay Council [2009] NSWSC 17 Re Application of Keith Bray Pty Ltd (1991) 23 NSWLR 430 Category: Principal judgment Parties: First plaintiff: Yulema Pty Ltd (ACN 008 920 303) Second plaintiff: Guy O'Loghlen Reynolds First Defendant: David Winston Simmons Second Defendant: Lorraine Margaret Felix Representation: Counsel: Plaintiffs: N.C. Hutley SC; J.C. Hewitt Defendants: D. Sulan; A. d'Arville

Solicitors: Plaintiffs: Stuart William Hetherington, Colin Biggers & Paisley Defendants: Scott Lumsden, Wallmans Lawyers File Number(s): 2014/86547 Publication restriction: No