Kay v KRM (Vic) Pty Ltd;; Classic Bet (NSW) Pty Ltd v Kay & Ors [2020] NSWCA 92

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kay v KRM (Vic) Pty Ltd;; Classic Bet (NSW) Pty Ltd v Kay & Ors [2020] NSWCA 92 Hearing dates: 7 April 2020 Decision date: 12 May 2020 Before: Meagher JA at [1]; Gleeson JA at [30]; White JA at [32] Decision: In appeal 2020/6311 (Ryan Kay v KRM (Vic) Pty Ltd) order that: (1) the appeal be dismissed. (2) the appellant pay the respondent's costs of the appeal.

In appeal 2020/12237 (Classic Bet (NSW) Pty Ltd & Anor v Ryan Kay & Ors) order that: (1) the appeal be dismissed. (2) the appellants pay the respondents' costs of the appeal. Catchwords: CONTRACTS — Construction — Interpretation –whether proper construction required that when a liability was incurred under the clause it was incurred collectively by all three promisees regardless of the promisees' contribution to that liability – whether proper construction of the phrase 'collectively and individually, as the case may be' was akin to joint and several liability – where value of the liability was contingent on calculating the commissions earned by each promisee individually - where the promisees' dealings resulted in an unequal contribution to the total size of the liability incurred

CONTRACTS — Construction — Interpretation – whether promise by seller to indemnify the buyer against liabilities incurred by the company prior to completion was also a promise to the company – where liability potentially incurred prior to completion but not acquitted in final settlement calculations