Motor Yacht Sales Australia Pty Limited trading as The Boat Boutique Company v Robert Blann [2019] NSWDC 558

District Court New South Wales

Medium Neutral Citation: Motor Yacht Sales Australia Pty Limited trading as The Boat Boutique Company v Robert Blann [2019] NSWDC 558 Hearing dates: 3, 4 June 2019 Date of orders: 11 October 2019 Decision date: 11 October 2019 Jurisdiction: Civil Before: Strathdee, DCJ Decision: (1) Verdict and judgment for the defendant. (2) Plaintiff to pay the defendant's costs as agreed or assessed. (3) Grant leave to the parties to approach my associate within 21 days of this date if any alternate costs order is sought. Catchwords: CONTRACTS – construction and interpretation of contracts – evidence of surrounding circumstances – commercial and business transactions – to show meaning of words INTERPRETATION OF INSTRUMENTS – commercial and business transactions – extrinsic evidence Cases Cited: Agricultural and Rural Finance Pty Ltd v Gardiner [2008] HCA 57; (2008) 238 CLR 570 Air Great Lakes Pty Ltd v KS Easter (Holdings) Pty Ltd (1985) 2 NSWLR 309 Cherry v Steele-Park [2017] NSWCA 295 Codelfa Construction Pty Ltd v State Railway Authority of New South Wales [1982] HCA 24; (1982) 149 CLR 337 Electricity Generation Corporation v Woodside Energy Limited (2014) 251 CLR 640 Jones v Dunkel (1959) 101 CLR 298 Spunwill Pty Ltd v BAB Pty Ltd (1994) 36 NSWLR 290 Zhang v BM Sydney Building Materials Pty Ltd [2016] NSWCA 166 Category: Principal judgment Parties: Motor Yacht Sales Australia Pty Limited trading as The Boat Boutique Company (Plaintiff)