AVS Catering Pty Ltd v Brisbane Broncos Corporation Pty Ltd

AVS Catering Pty Ltd sued Brisbane Broncos Corporation Pty Ltd in the Supreme Court of Queensland over a dispute regarding the provision of catering services at a sporting venue. The plaintiff, AVS Catering, provided catering services to the defendant, Brisbane Broncos, under the terms of a Catering Agreement. The plaintiff claimed that the defendant was obliged to offer a similar Catering Agreement when the Broncos relocated to a new venue. The plaintiff also sought summary judgment on certain allegations contained in its amended statement of claim.

The court had to determine whether the defendant was obligated to offer a Catering Agreement at the new venue under the terms of the original agreement. Additionally, the court needed to assess whether the plaintiff's application for summary judgment could succeed based on the pleadings. The court examined the terms of the Catering Agreement and the circumstances under which the plaintiff sought summary judgment.

The court found that the defendant was not obligated to offer a new Catering Agreement at the relocated venue under the terms of the original agreement. The court also concluded that the plaintiff's application for summary judgment could not succeed on the pleadings. Consequently, the court dismissed the application for summary judgment and struck out certain paragraphs of the plaintiff's amended statement of claim. The court granted the plaintiff leave to re-plead to make specific claims for breach of contract and ordered the plaintiff to pay the costs of the application.