The City of Sydney v Streetscape Projects (Australia) Pty Limited & Anor

[2011] NSWSC 1214

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Proceedings brought by City of Sydney against Streetscape Projects (Australia) and Mr Moses Obeid in relation to "Smartpole" poles
1. CONTRACTS - Action for breach of contract - Contractual interpretation - Confidential information - Deeds of variation - Whether particular clauses were penalty clauses - Claim that plaintiffs suffered no loss - Distinction between liquidated damages clause and penalty clause - Damages when proof of loss is difficult - Foreign law- Presumption of identity - Principles for interpreting terms of a contract to avoid capricious consequences
1. EQUITY - Equitable duty - Duty of confidence - Fiduciary duty - Fiduciary duty under a commercial contract -Accessorial liability - Barnes v Addy
1. ADMINISTRATIVE LAW - Ultra Vires - Scope of Local Councils authority - Broad interpretation