McLeod v Pacific Waste Management (NSW) Pty Ltd

In *McLeod v Pacific Waste Management (NSW) Pty Ltd* [1991] NSWCA 212, the New South Wales Court of Appeal considered an appeal from a decision of the Supreme Court of New South Wales. The dispute concerned the interpretation of a contract for the disposal of waste, specifically relating to the calculation of charges payable by the appellant, McLeod, to the respondent, Pacific Waste Management.

The central legal issue before the Court of Appeal was whether the respondent was entitled to charge the appellant for the disposal of certain types of waste, namely "special waste," under the terms of their agreement. This required the court to determine the proper construction of the contract, particularly clauses that defined the scope of services and the corresponding fee structure, and whether the waste in question fell within the contractual definition of "special waste" for which additional charges applied.

The Court of Appeal analysed the contractual provisions concerning waste classification and pricing. It found that the contract clearly distinguished between general waste and special waste, with a specific pricing mechanism for the latter. The court concluded, based on the plain language of the agreement and the evidence presented, that the waste disposed of by McLeod was indeed "special waste" as defined by the contract. Therefore, Pacific Waste Management was entitled to charge the additional fees. The appeal was dismissed.