Busways Blacktown Pty Ltd v Westbus Region 1 Pty Ltd (No 2) [2018] NSWSC 1901

Busways Blacktown Pty Ltd v Westbus Region 1 Pty Ltd (No 2) [2018] NSWSC 1901

The judgment from 23 October 2018 contained an accidental slip in referring to 'indirect labour costs' rather than 'indirect costs' at [142], which should be corrected to reflect the Court's intended meaning. In calculating profits for distribution under clause 17.2(e), only profits made from 1 January 2007 should be considered, not the profits for the entire financial year by halving the annual figure. The SKR adjustment under clause 17.2(e) is required only for years in which excess profits are actually achieved and continues only until the intended equalisation is obtained.

Parties
Plaintiff: Busways Blacktown Pty Limited; First Defendant: Westbus Region 1 Pty Limited; Second Defendant: Area 1 Management Company Pty Ltd; Third Defendant: B Calabro & Sons Pty Ltd
Jurisdiction
Australia
Judgment Date
10 December 2018
Procedural Posture
Consequential Orders (other Than Costs) / Post Judgment Correction and Further Submissions
Outcome
Earlier judgment corrected; further submissions to be filed; matter adjourned.
Legal Topics
Judgments and Orders Correction Under Slip Rule, Contracts Construction and Interpretation
Equity Commercial Law Judgments and Orders Correction Under Slip Rule Contracts Construction and Interpretation

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Parties

Busways Blacktown Pty Limited

Plaintiff

Westbus Region 1 Pty Limited

First Defendant

Area 1 Management Company Pty Ltd

Second Defendant

B Calabro & Sons Pty Ltd

Third Defendant

Procedural Posture

Consequential Orders (other Than Costs) / Post Judgment Correction and Further Submissions

Legal Issues

  1. 1 Correction of accidental slip in earlier judgment under slip rule
  2. 2 Whether profitability from 1 January 2007 to 30 June 2007 should take into account profits from 1 July 2006 to 30 June 2007
  3. 3 Scope and period of the Standard Kilometre Rate (SKR) adjustment under clause 17.2(e)

Ratio Decidendi

The judgment from 23 October 2018 contained an accidental slip in referring to 'indirect labour costs' rather than 'indirect costs' at [142], which should be corrected to reflect the Court's intended meaning. In calculating profits for distribution under clause 17.2(e), only profits made from 1 January 2007 should be considered, not the profits for the entire financial year by halving the annual figure. The SKR adjustment under clause 17.2(e) is required only for years in which excess profits are actually achieved and continues only until the intended equalisation is obtained.

Court Disposition

Earlier judgment corrected; further submissions to be filed; matter adjourned.

Orders

  • Paragraph [142] and coversheet decision of judgment dated 23 October 2018 corrected to refer to 'indirect costs' not 'indirect labour costs'.
  • Note placed on original reasons describing correction.