Chisholm v The Bankstown Trotting Recreational Club Ltd [2015] NSWSC 597

Chisholm v The Bankstown Trotting Recreational Club Ltd [2015] NSWSC 597

The 1987 Deed remains in force and binding. The Club is estopped from contending that its purchase of Lot 100 or the easement for car parking alters the legal effect of the 1987 Deed. The Society is entitled to enforce the Deed, recover outstanding fees, and relief against the easement. A fair and reasonable annual licence fee is $180,000 plus GST for 1 November 2012 to 31 October 2017. The Club and Council engaged in misleading conduct by failing to inform the Society about the easement.

Jurisdiction
Australia
Judgment Date
20 May 2015
Procedural Posture
Principal Judgment / Final Decision
Outcome
Plaintiff entitled to enforce 1987 Deed against first defendant; estoppel against first defendant; annual fee determined; outstanding fees recoverable; relief against easement; second defendant’s claims not established; second defendant entitled to recover licence fees from plaintiff.
Legal Topics
['equitable Estoppel' 'estoppel by Convention' 'misleading or Deceptive Conduct' 'unconscionable Conduct' 'lease and Licence Agreements' 'rectification' 'derogation From Grant' 'assessment of Licence Fee']
['equity' 'contracts' 'property Law' 'trade Practices'] ['equitable Estoppel' 'estoppel by Convention' 'misleading or Deceptive Conduct' 'unconscionable Conduct' 'lease and Licence Agreements' 'rectification' 'derogation From Grant' 'assessment of Licence Fee']

Case Brief

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Procedural Posture

Principal Judgment / Final Decision

Legal Issues

  1. 1 ['Whether the 1987 Deed between the Society and the Club remains in force and binding' 'Whether the Club is estopped from contending the sale of Lot 100 and/or the easement alters the legal effect of the 1987 Deed' 'Determination of the appropriate annual licence fee under the 1987 Deed' 'Whether conduct of the Club or Council was misleading or deceptive or unconscionable' 'Rectification of Special Condition 20 in the contract for sale']

Ratio Decidendi

The 1987 Deed remains in force and binding. The Club is estopped from contending that its purchase of Lot 100 or the easement for car parking alters the legal effect of the 1987 Deed. The Society is entitled to enforce the Deed, recover outstanding fees, and relief against the easement. A fair and reasonable annual licence fee is $180,000 plus GST for 1 November 2012 to 31 October 2017. The Club and Council engaged in misleading conduct by failing to inform the Society about the easement.

Court Disposition

Plaintiff entitled to enforce 1987 Deed against first defendant; estoppel against first defendant; annual fee determined; outstanding fees recoverable; relief against easement; second defendant’s claims not established; second defendant entitled to recover licence fees from plaintiff.

Orders

  • ['1987 Deed remains in force and binding' 'First defendant estopped from contending legal effect altered by Lot 100 purchase/easement' 'Annual licence fee under 1987 Deed (excluding race sponsorship): $187,080 plus GST from May 2010 to 31 October 2012' 'Annual licence fee under 1987 Deed (excluding race...