NETLINE PTY LTD -v- QAV PTY LTD [No 2] [2015] WASC 113 (S)
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2015] WASC 113 (S) | |
| Case No: | CIV:1289/2014 | ON THE PAPERS | |
| Coram: | BEECH J | 26/05/15 | |
| 9 | Judgment Part: | 1 of 1 | |
| Result: | Defendant pay 50% of the plaintiffs' costs of the action, to be taxed if not agreed | ||
| B | |||
| PDF Version |
| Parties: | NETLINE PTY LTD KATHRYN ISABEL LANCE QAV PTY LTD |
Catchwords: | Costs Plaintiffs successful on whether defendant entitled to terminate contract Plaintiffs unsuccessful in claiming specific performance of agency agreement Appropriate costs orders |
Legislation: | Rules of the Supreme Court 1971 (WA), O 66 r 1 |
Case References: | Netline Pty Ltd v QAV Pty Ltd [No 2] [2015] WASC 113 Singh v Kaur Bal [2011] WASC 303 (S) |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : NETLINE PTY LTD -v- QAV PTY LTD [No 2] [2015] WASC 113 (S) CORAM : BEECH J HEARD : ON THE PAPERS DELIVERED : 26 MAY 2015 FILE NO/S : CIV 1289 of 2014 BETWEEN : NETLINE PTY LTD
- KATHRYN ISABEL LANCE
Plaintiffs
AND
QAV PTY LTD
Defendant
Catchwords:
Costs - Plaintiffs successful on whether defendant entitled to terminate contract - Plaintiffs unsuccessful in claiming specific performance of agency agreement - Appropriate costs orders
Legislation:
Rules of the Supreme Court 1971 (WA), O 66 r 1
Result:
Defendant pay 50% of the plaintiffs' costs of the action, to be taxed if not agreed
Category: B
Representation:
Counsel:
Plaintiffs : No appearance (on the papers)
Defendant : No appearance (on the papers)
Solicitors:
Plaintiffs : Lavan Legal
Defendant : Lawton Gillon
Case(s) referred to in judgment(s):
Netline Pty Ltd v QAV Pty Ltd [No 2] [2015] WASC 113
Singh v Kaur Bal [2011] WASC 303 (S)
1 BEECH J: On 2 April 2015, I published reasons for decision in this action.1 These reasons deal with the costs of the action.
2 I will use the same terminology and abbreviations in these reasons. In summary, in my reasons for decision I:
(1) rejected the Manager's contention that the Split Return Agreement contained an implied term entitling the Manager to terminate it on reasonable notice;
(2) found that, consequently, the Manager's purported termination of the Split Return Agreement by its letter of 16 December 2013 was of no effect;
(3) declined to grant specific performance of the Split Return Agreement, ordering an award of damages to the Owners, to be assessed; and
(4) found that on a proper construction of cl 9 of the Split Return Agreement, the Manager was not entitled to deduct booking fees from moneys to be remitted to the Owners.
3 On 2 April 2015, I made orders giving effect to those conclusions, and for the exchange of submissions and affidavits on the question of costs. I also ordered that the question of costs be determined on the papers.
4 Both parties claim to be entitled to costs orders in their favour.
The Owners'…
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- Case
- [2015] WASC 113 (S)
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court needed to address were whether the defendant was entitled to terminate the agency agreement and, if so, whether the plaintiff was entitled to specific performance of the agreement. The court needed to determine the appropriate costs orders given the outcome of the case.
The court found that the defendant was indeed entitled to terminate the agency agreement, as there were valid grounds for termination. However, the plaintiff was unsuccessful in their claim for specific performance. Given that the plaintiff was successful in establishing the right to terminate, but unsuccessful on specific performance, the court ordered the defendant to pay 50% of the plaintiffs' costs of the action, to be taxed if not agreed. This decision reflects a balanced approach, considering both the successful and unsuccessful claims of the parties.
Orders
Orders of the court
Defendant pay 50% of the plaintiffs' costs of the action, to be taxed if not agreed
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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