LUXPARK PTY LTD v ESSO AUSTRALIA LIMITED [1999] NSWCA 50

LUXPARK PTY LTD v ESSO AUSTRALIA LIMITED [1999] NSWCA 50

The described claim in the release was compensation for product lost from October 1987 to May 1990, which in legal substance was a claim for breach or daily breaches of cl 7.01 of the licence agreement requiring the respondent to keep the premises and fuel storage tanks in repair. No other contractual term was suggested as supporting either the released claim or the pleaded claim. Because all relevant breaches had occurred before execution of the release, and the release applied to all actions and losses arising out of or in respect of that claim, it covered the whole of the causes of action in the statement of claim, including consequential losses.

Jurisdiction
Australia
Judgment Date
03 March 1999
Procedural Posture
Appeal in Contract Proceedings for Breach of a Service Station Licence Agreement / Appeal From District Court Judgment Upholding a Deed of Release Defence and Entering Judgment for the Defendant
Outcome
Appeal dismissed with costs.
Legal Topics
['construction of Deed of Release' 'breach of Covenant to Repair' 'service Station Licence Agreement' 'separate Decision of Question of Law' 'summary Judgment and Trial Procedure']
['contract Law' 'civil Procedure'] ['construction of Deed of Release' 'breach of Covenant to Repair' 'service Station Licence Agreement' 'separate Decision of Question of Law' 'summary Judgment and Trial Procedure']

Case Brief

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Procedural Posture

Appeal in Contract Proceedings for Breach of a Service Station Licence Agreement / Appeal From District Court Judgment Upholding a Deed of Release Defence and Entering Judgment for the Defendant

Legal Issues

  1. 1 ['Whether the deed of release covered all causes of action in the statement of claim for breaches of cl 7.01 of the service station licence agreement.' 'Whether claims for loss of trade and loss of goodwill were outside a release describing compensation for product lost in excess of accepted industry loss factor.']

Ratio Decidendi

The described claim in the release was compensation for product lost from October 1987 to May 1990, which in legal substance was a claim for breach or daily breaches of cl 7.01 of the licence agreement requiring the respondent to keep the premises and fuel storage tanks in repair. No other contractual term was suggested as supporting either the released claim or the pleaded claim. Because all relevant breaches had occurred before execution of the release, and the release applied to all actions and losses arising out of or in respect of that claim, it covered the whole of the causes of action in the statement of claim, including consequential losses.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']