Newtown Village No. 2 Pty Limited v Magtio Pty Limited [2016] NSWSC 749

Supreme Court New South Wales

Medium Neutral Citation: Newtown Village No. 2 Pty Limited v Magtio Pty Limited [2016] NSWSC 749 Hearing dates: 1 June 2016 Date of orders: 09 June 2016 Decision date: 09 June 2016 Jurisdiction: Equity Before: Darke J Decision: Declaration made that plaintiff validly extended Call Option Period. Catchwords: CONTRACTS – general contractual principles – construction and interpretation of contracts – Call Option Deed provides for extension of Call Option Period in the event Grantee intends to make application to Land and Environment Court – whether purported extension of Call Option Period in accordance with Call Option Deed – whether intention must be definite rather than provisional

WORDS AND PHRASES – "intends" Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 82, 96, 97 Land and Environmental Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2000 (NSW), cl 113 Cases Cited: Cunliffe v Goodman [1950] 2 KB 237 Electricity Commission Corporation v Woodside Energy Limited [2014] HCA 7; (2014) 251 CLR 640 Texts Cited: "Terms Implied in Fact: the Basis for Implication" (1998) 13 Journal of Contract Law 103; J W Carter et al, 'Terms Implied in Law: 'Trust and Confidence' in the High Court of Australia" (2015) 32 Journal of Contract Law 203 Category: Principal judgment Parties: Newtown Village No. 2 Pty Limited (Plaintiff) Magtio Pty Limited (Defendant) Representation: Counsel: B A Coles QC, S B Docker (Plaintiff) G Drew (Defendant)