ACE Project Group Pty Limited & Anor v Ginger Development Enterprises Pty Limited & (2) Ors [2005] NSWSC 1379

ACE Project Group Pty Limited & Anor v Ginger Development Enterprises Pty Limited & (2) Ors [2005] NSWSC 1379

The three documents, primarily annexures 'F' and 'H', signed by the parties, constitute the basic agreement, governing the parties' rights and obligations. Advance payments to plaintiffs are to be deducted from the total profits, not from the 49% share. Profits from both projects are to be calculated together, not project-by-project. No payments of $10,000 per tender are permitted by the agreement.

Jurisdiction
Australia
Judgment Date
07 October 2005
Procedural Posture
Contract Dispute / Determination of Separate Questions
Outcome
Questions determined; formal orders made; directions for further proceedings; liberty to apply on two days notice; costs reserved.
Legal Topics
['construction of Contract' 'partnership/joint Venture Agreement' 'rights and Duties of Parties']
['contract' 'equity'] ['construction of Contract' 'partnership/joint Venture Agreement' 'rights and Duties of Parties']

Case Brief

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Procedural Posture

Contract Dispute / Determination of Separate Questions

Legal Issues

  1. 1 ['Whether the three documents constitute the agreement between the parties' 'Construction of contract terms relating to profit calculation and advance payments' 'Interpretation of terms relating to profit apportionment between two projects' 'Whether documents permit $10,000 payment per tender']

Ratio Decidendi

The three documents, primarily annexures 'F' and 'H', signed by the parties, constitute the basic agreement, governing the parties' rights and obligations. Advance payments to plaintiffs are to be deducted from the total profits, not from the 49% share. Profits from both projects are to be calculated together, not project-by-project. No payments of $10,000 per tender are permitted by the agreement.

Court Disposition

Questions determined; formal orders made; directions for further proceedings; liberty to apply on two days notice; costs reserved.

Orders

  • ['Formal order under Pt 28 r 2 of the Uniform Civil Procedure Rules 2005 for determination of five separate questions' 'Questions answered as set out in judgment' 'Directions for further conduct by consent' 'Liberty to apply on two days notice' 'Costs reserved']