Hunter Valley Skydiving Centre Pty Limited v Central Coast Aero Club Limited & anor [2008] NSWSC 539

Hunter Valley Skydiving Centre Pty Limited v Central Coast Aero Club Limited & anor [2008] NSWSC 539

By accepting payment of fees due on 21 July 2007, the Club affirmed and waived any prior breaches. Subsequent repeated breaches of operational conditions by HVS constituted breaches of conditions of consent under the agreement, entitling the Club to revoke consent contractually. The Club's exercise of this right was not in breach of any implied obligation of good faith, and relief against forfeiture would not have been granted. The proceedings were dismissed with costs.

Parties
Plaintiff: Hunter Valley Skydiving Centre Pty Limited; First Defendant: Central Coast Aero Club Limited; Second Defendant: Warnervale Air Pty Limited
Jurisdiction
Australia
Judgment Date
03 June 2008
Procedural Posture
Contract Proceeding / Final Judgment at Trial
Outcome
Proceedings dismissed with costs
Legal Topics
Breach of Contract, Termination of Contract, Waiver of Breaches, Implied Terms, Good Faith, Relief Against Forfeiture, Specific Performance
Contract Law Breach of Contract Termination of Contract Waiver of Breaches Implied Terms Good Faith Relief Against Forfeiture Specific Performance

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Parties

Hunter Valley Skydiving Centre Pty Limited

Plaintiff

Central Coast Aero Club Limited

First Defendant

Warnervale Air Pty Limited

Second Defendant

Procedural Posture

Contract Proceeding / Final Judgment at Trial

Legal Issues

  1. 1 Whether breaches by the plaintiff were waived by the defendant prior to 21 July 2007
  2. 2 Whether further breaches occurred after 21 July 2007 entitling the defendant to revoke consent
  3. 3 Whether the breaches were of conditions of consent under the agreement

Ratio Decidendi

By accepting payment of fees due on 21 July 2007, the Club affirmed and waived any prior breaches. Subsequent repeated breaches of operational conditions by HVS constituted breaches of conditions of consent under the agreement, entitling the Club to revoke consent contractually. The Club's exercise of this right was not in breach of any implied obligation of good faith, and relief against forfeiture would not have been granted. The proceedings were dismissed with costs.

Court Disposition

Proceedings dismissed with costs

Orders

  • Order that the proceedings be dismissed with costs.