ACP v Southdown [2001] NSWSC 155

ACP v Southdown [2001] NSWSC 155

The right to 'inspection' under clause 5 of the Deed carries with it, by implication, the right to copy records inspected and to make notes, facilitated by personal and mechanical assistance. This construction gives business efficacy to the agreement and is supported by the commercial context and referenced legal...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 March 2001
Procedural Posture
Commercial Contractual Dispute / Judgment on Amended Notice of Motion
Outcome
Orders granted in favour of ACP, declaratory of previous orders, with amendment.
Legal Topics
['construction of Contract Clauses' 'inspection and Copying of Business Records' 'declaratory Relief' 'practice and Procedure']
['contract Law'] ['construction of Contract Clauses' 'inspection and Copying of Business Records' 'declaratory Relief' 'practice and Procedure']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Commercial Contractual Dispute / Judgment on Amended Notice of Motion

Legal Issues

  1. 1 ['Proper construction of clause 5 of the Deed regarding inspection of records' 'Right to copy and take notes as part of inspection' 'Entitlement to assistance during inspection']

Ratio Decidendi

The right to 'inspection' under clause 5 of the Deed carries with it, by implication, the right to copy records inspected and to make notes, facilitated by personal and mechanical assistance. This construction gives business efficacy to the agreement and is supported by the commercial context and referenced legal authorities.

Court Disposition

Orders granted in favour of ACP, declaratory of previous orders, with amendment.

Orders

  • ["Orders in terms of paragraphs 1(a), (b) and (c) of the amended notice of motion, omitting from paragraph (a) the words 'or nominees', and from paragraphs (b) and (c) the words 'nominees or'." 'Defendants to pay costs of the motion']