Pink Lady America LLC v Apple and Pear Australia Limited

[2017] HCASL 83

PINK LADY AMERICA LLC
v
APPLE AND PEAR AUSTRALIA LIMITED
[2017] HCASL 83
M176/2016

1. There is no realistic prospect of disturbing the conclusion reached by the Court of Appeal of the Supreme Court of Victoria that the terms of the Option Deed were not ambiguous even if read in light of the surrounding circumstances.  The appeal would not be a suitable vehicle for considering any issue of general principle.  Special leave to appeal should be refused.

2. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

S.J. Gageler
5 April 2017 P.A. Keane