CONTRACT – sale of business – vendor entitled to interest on outstanding contract price unless in default – whether vendor in default by allegedly failing to make certain adjustments – CONTRACT – sale of business – vendor obliged to assist purchaser in certain respects – whether breach of contract –whether obligation required unilateral assistance absent request from purchaser – DAMAGES – whether evidence of causation and loss sufficient – PROCEDURE – whether new argument can be raised for first time on appeal
APPEAL – application for leave to appeal – costs – challenge to apportionment of costs – partial success at trial – whether costs should be apportioned as to causes of action where issues intertwined – whether apportionment to be based on pre-trial costs of preparation of evidence – whether costs assessor could allocate costs after the event
COSTS – Calderbank letter – whether offer of fixed costs a genuine offer of compromise
Robert Angyal SC appeared for the appellant
CONTRACTS - Retail Leases Act 1994 (NSW) – nature of inconsistency with terms of head lease required by s 16(5) of Retail Leases Act
CORPORATIONS – head lessor and lessee had common shareholders and directors – no sham, fraud or device alleged – terms of head lease inconsistent with 5-year sub-lease
APPEAL – leave to appeal – Appeal Panel distinguished binding authority of Conoid Pty Ltd v International Theme Park Pty Ltd  NSWCA 189 on erroneous basis – matter of sufficient importance to warrant a limited grant of leave
Robert Angyal SC appeared for the successful appellant.
CONTRACT - catering services agreement in licensed hotel premises – dispute over termination – declaratory and injunctive relief
CONTRACTS - Agreement not rendered void and unenforceable on account of no approval of Independent Liquor and Gaming Authority – term of 5 years not inconsistent with terms of any head lease – not a shop used wholly or predominantly for the carrying on of a business on behalf of hotel – certificate under s 16 of Retail Leases Act not condition precedent to agreement
MISLEADING OR DECEPTIVE CONDUCT – where plaintiffs purchased shares in racehorse – whether defendant made representations that the investment was safe and that it did not matter if the horse won a race or not because the bloodlines made it a valuable stud prospect.
CONTRACT – where owners authorised the defendant to enter the horse in the Magic Millions auction – whether the defendant was authorised to sell the plaintiffs shares at a private sale without notice to the plaintiffs.
Plaintiffs’ claims against the defendant for misleading or deceptive conduct dismissed. Plaintiffs entitled to declarations in relation to their respective ownership of the shares in the horse and to an account from the second defendant.
RETAIL LEASE – scope of remitted hearing – issue estoppel – remedies for unconscionable conduct – assessment of damages for lost profits – orders granting partial relief from liability for rent