Royal Botanic Gardens and Domain Trust v South Sydney City Council

HIGH COURT OF AUSTRALIAGLEESON CJ,GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJROYAL BOTANIC GARDENS AND DOMAIN TRUST  APPELLANTANDSOUTH SYDNEY CITY COUNCIL  RESPONDENTRoyal Botanic Gardens and Domain Trust v South Sydney City Council[2002] HCA 514 February 2002S263/2000ORDERAppeal dismissed with costs.On appeal from the Supreme Court of New South WalesRepresentation:J T Gleeson SC with A S Bell for the appellant (instructed by Minter Ellison)D F Jackson QC with P J Brereton for the respondent (instructed by Pike Pike & Fenwick)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSRoyal Botanic Gardens and Domain Trust v South Sydney City CouncilContract – Construction of lease – Determination of rent by lessor – Lease provided that, in determining amount of rent payable, lessor "may have regard to" certain additional costs and expenses – Whether lessor limited to consideration of those factors – Use of surrounding circumstances to assist in interpretation of written contract in case of ambiguity – Both parties public bodies operating under particular legislative regimes – Whether statutory powers of lessor relevant to the meaning of the lease and the exercise of the determination of the amount of rent payable under the lease – Transaction of a non-commercial nature and designed to provide a public facility – Whether covenant of good faith and fair dealing implied in contractual dealings. Precedent – Application of Codelfa Construction Pty Ltd v State Rail Authority of NSW – Status in other Australian courts of subsequent...