Airport City Hotels Services Pty Ltd v Grand National Concierge Pty Ltd (No 2) [2014] NSWDC 290

Airport City Hotels Services Pty Ltd v Grand National Concierge Pty Ltd (No 2) [2014] NSWDC 290

The terms of the written contract were not varied by oral agreement; Sydney Shuttle remained entitled to be paid 75% of ticket sales less agreed advertising deductions. No binding oral agreement or guarantee of ticket sales was established; advertising deductions were limited to those specifically agreed. Judgment in favour of Sydney Shuttle for the calculated unpaid sum plus interest.

Jurisdiction
Australia
Judgment Date
10 October 2014
Procedural Posture
Civil / Principal Judgment
Outcome
judgment for the plaintiff; cross-claim dismissed
Legal Topics
['airport Transfers' 'level of Sales Commission' 'oral Conversations' 'variation of Contract' 'construction of Terms' 'guarantee of Ticket Sales']
['contract'] ['airport Transfers' 'level of Sales Commission' 'oral Conversations' 'variation of Contract' 'construction of Terms' 'guarantee of Ticket Sales']

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Whether oral agreement or variation increased commission from 25% to 40%' 'Nature and existence of any guarantee in respect of ticket sales or provision of transport' 'Existence and effect of advertising agreements']

Ratio Decidendi

The terms of the written contract were not varied by oral agreement; Sydney Shuttle remained entitled to be paid 75% of ticket sales less agreed advertising deductions. No binding oral agreement or guarantee of ticket sales was established; advertising deductions were limited to those specifically agreed. Judgment in favour of Sydney Shuttle for the calculated unpaid sum plus interest.

Court Disposition

judgment for the plaintiff; cross-claim dismissed

Orders

  • ['Judgment for the plaintiff against the defendant in the sum of $280,985.79 inclusive of interest.' 'Dismiss the cross-claim.' "The defendant pay the plaintiff's costs of the statement of claim." 'The cross-claimant to pay the costs of the cross-defendants.']