Nohra v Nando’s Quality Meats Pty Ltd [2021] NSWSC 1209

Supreme Court New South Wales

Medium Neutral Citation: Nohra v Nando's Quality Meats Pty Ltd [2021] NSWSC 1209 Hearing dates: 16 September 2021 Date of orders: 24 September 2021 Decision date: 24 September 2021 Jurisdiction: Common Law Before: Gleeson J Decision: (1) Grant an extension of time to the plaintiff to file the summons seeking leave to appeal. (2) Grant leave to appeal on ground 2 only. (3) Allow the appeal and set aside the orders of the Local Court made on 17 March 2021 against the first defendant (Helen Nohra). (4) Order that the proceedings in the Local Court against the first defendant be dismissed and the plaintiff pay the first defendant's costs in the Local Court. (5) Dismiss the balance of the defendant's notice of motion filed 2 September 2021. (6) The defendant pay the plaintiff's costs of the appeal in this Court. Catchwords: APPEALS – from Local Court – appeal as of right on questions of law – appeal by leave on mixed question of fact and law – construction of contract – where contract wholly oral – leave granted on question of mixed fact and law CONTRACT – construction – parties to a contract – where contract to supply meat to supermarket business – where contract wholly oral – where supermarket business traded under different names over several years – where invoices for supply of meat issued in trading names of the business – whether contract with director personally or company operating supermarket business Legislation Cited: Local Court Act 2007 (NSW), ss 39, 40, 41 Supreme Court Act 1970 (NSW), s 75A Uniform Civil Procedure Rules 2005 (NSW), rr 36.1, 42.1, 50.3 Cases Cited: Air Tahiti Nui Pty Ltd v McKenzie (2009) 77 NSWLR 299; [2009] NSWCA 429 Barroora Pty Ltd v Provincial Insurance Ltd (1992) 26 NSWLR 170 Boensch v Pascoe (2019) 268 CLR 593; [2019] HCA 49 County Securities Pty Ltd v Challenger Group Holdings Pty Ltd [2008] NSWCA 193 Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 Drive My Car Rentals Pty Ltd v Gabriel [2021] NSWCA 73 Jingalong Pty Ltd v Todd [2014] NSWCA 330 Johnston v Brightstars Holding Company Pty Ltd [2014] NSWCA 150 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32 Kuru v State of New South Wales (2008) 236 CLR 1; [2008] HCA 26 Lym International Pty Ltd v Marcolongo [2011] NSWCA 303 Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 Pethybridge v Stedikas Holdings Pty Ltd [2007] NSWCA 154 Protean (Holdings) Ltd (Receivers and Managers Appointed) v American Home Assurance Co (1985) 4 ANZ Insurance Cases 60-844 Ryledar Pty Ltd v Euphoric Pty Ltd (2007) 69 NSWLR 603; [2007] NSWCA 65 Thaina Town (on Goulburn) Pty Ltd v City of Sydney Council (2007) 71 NSWLR 230; [2007] NSWCA 300 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Category: Principal judgment Parties: Helen Nohra (Plaintiff) Nando's Quality Meats Pty Ltd (Defendant) Representation: Counsel: E Bartley (Plaintiff) H Ayoub (solicitor) (Defendant)