Midcoast Petroleum Pty Ltd v Keldros Pty Ltd [2019] NSWSC 970

Supreme Court New South Wales

Medium Neutral Citation: Midcoast Petroleum Pty Ltd v Keldros Pty Ltd [2019] NSWSC 970 Hearing dates: 7, 11, 12 and 13 March 2019 Date of orders: 01 August 2019 Decision date: 01 August 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Judgment for the plaintiff against the first and second defendants in the following amounts: (i) in respect of the Past Remediation Claim: $8,249.75; (ii) in respect of the Future Remediation Claim: $162 (being one-quarter of the amount attributable to the deployment of an ORC sock in MW12 in 2016), together with such proportion of the costs of the environmental assessment reports obtained in 2004, 2005 and 2007 (i.e., the PB ESA Phase I Report, the PB ESA Phase II Report, and the PB ESA Post-Phase II Report) that relates to an assessment of contamination in the north-western corner of Lot 7 (to be agreed or, failing agreement, determined on the papers following the provision of submissions by the parties in relation to this issue); (iii) in respect of the Make Good Claim: $150; (iv) in respect of the Debt Claim: $35,000, to be set off in its entirety by the sum of that amount drawn down by the plaintiff in or about 2015 on presentation of a bank guarantee that had been provided by the first defendant to the plaintiff. 2. Otherwise dismiss the plaintiff's claim. 3. Order the plaintiff to pay 80% of the first and second defendants' costs and otherwise make no order as to costs. Catchwords: CONTRACTS – construction – interpretation – proper construction of a fuel supply agreement – whether applicable in respect of supply of products to particular premises