Busways Blacktown Pty Ltd v Westbus Region 1 Pty Ltd (No 3) [2019] NSWSC 155

Busways Blacktown Pty Ltd v Westbus Region 1 Pty Ltd (No 3) [2019] NSWSC 155

The proportion of CDC Australia's indirect costs referrable to the CDC Bosnjak Businesses is to be calculated on the basis of the proportion of Bosnjak buses to CDC Australia bus numbers (excluding CDC Victoria and taxis), and bank charges, bad debts, and travel and accommodation expenses are included as indirect costs within generic categories of the Bid Template; directors' fees should be excluded.

Jurisdiction
Australia
Judgment Date
26 February 2019
Procedural Posture
Equity Commercial List / Consequential Orders (other Than Costs)
Outcome
Conclusions provided to parties for expert consideration in quantifying Westbus CDC's profit as per cl 17.2(e) of the Shareholders Agreement.
Legal Topics
['remedies' 'damages' 'difficulty of Assessment' 'indirect Costs Calculation' 'miscellaneous Procedural Matters' 'submissions']
['contract Law' 'procedure'] ['remedies' 'damages' 'difficulty of Assessment' 'indirect Costs Calculation' 'miscellaneous Procedural Matters' 'submissions']

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Procedural Posture

Equity Commercial List / Consequential Orders (other Than Costs)

Legal Issues

  1. 1 ["How should CDC Australia's indirect costs referrable to the CDC Bosnjak Businesses be calculated?" "Do indirect costs include bank charges, bad debts, travel and accommodation expenses, and directors' fees?"]

Ratio Decidendi

The proportion of CDC Australia's indirect costs referrable to the CDC Bosnjak Businesses is to be calculated on the basis of the proportion of Bosnjak buses to CDC Australia bus numbers (excluding CDC Victoria and taxis), and bank charges, bad debts, and travel and accommodation expenses are included as indirect costs within generic categories of the Bid Template; directors' fees should be excluded.

Court Disposition

Conclusions provided to parties for expert consideration in quantifying Westbus CDC's profit as per cl 17.2(e) of the Shareholders Agreement.

Orders

  • ['Indirect costs referable to CDC Bosnjak Businesses to be calculated on basis of proportion of Bosnjak buses to CDC Australia bus numbers.' 'Bank charges, bad debts and travel and accommodation expenses are to be included in such costs.' "Directors' fees are to be excluded from consideration." "Conclusions to be...