Infinity Design Pty Ltd Trading As Ingenuity Product Design v Challenge Property Investments Pty Ltd [2021] NSWDC 602

District Court New South Wales

Medium Neutral Citation: Infinity Design Pty Ltd Trading As Ingenuity Product Design v Challenge Property Investments Pty Ltd [2021] NSWDC 602 Hearing dates: 24 August 2021 25 August 2021 27 August 2021 Date of orders: 08 November 2021 Decision date: 08 November 2021 Jurisdiction: Civil Before: Coleman SC DCJ Decision: 1 Judgment for the Plaintiff in the sum of $96,045.60, together with interest on that amount. 2 The Amended Cross‑Claim is dismissed. 3 The defendant/cross‑claimant is to pay the plaintiff/cross‑defendant's costs of the proceedings. 4 The parties are to confer to prepare Short Minutes of Order to calculate the amount of interest payable in accordance with Order 1 above, and provide those Short Minutes to my Associate within 7 days. 5 If the parties are unable to agree the terms of the Short Minutes, there is liberty to apply on 3 days' notice. Catchwords: Contract – Breach of Contract – Alternative quantum meruit Claim – Whether the Defendant Breached the Contract – Cross‑Claim – Breach of Contract – Whether the Plaintiff Breached the Contract – Whether the Plaintiff Engaged in Misleading and Deceptive Conduct – Whether the Plaintiff Repudiated the Contract – Whether the Contract was Suspended or Terminated – Effect of Exclusion Clauses on Recovery of Damages – Assessment of Damages – General Principles Legislation Cited: Competition and Consumer Law Act 2010 (Cth) Sch 2 ('Australian Consumer Law') s 18 Corporations Act 2001 (Cth) s 1305 Evidence Act 1995 (NSW) ss 69, 79 Cases Cited: Commonwealth v Amann Aviation Pty Limited (1991) 174 CLR 64 Darlington Futures Ltd v Delco Australia Pty Ltd (1986) 161 CLR 500 DCT Projects Pty Ltd v Champion Homes Sales Pty Ltd [2016] NSWCA 117 Fink v Fink (1946) 74 CLR 127 Gates v City Mutual Life Assurance Society Ltd (1986) 160 CLR 1 H & E Van der Sterren v Cibernetics (Holdings) Pty Ltd (1970) 44 ALJR 157 Italform Pty Ltd v Sangain Pty Ltd [2009] NSWCA 427 Jones v Dunkel (1959) 101 CLR 298 Krakowski v Eurolynx Properties Ltd (1995) CLR 563 Port Jackson Stevedoring Pty Ltd v Salmond & Spraggon (Australia) Pty Ltd (1980) 144 CLR 300 Roads and Traffic Authority of New South Wales v Barrie Toepfer Earthmoving & Land Management Pty Ltd (No 3) [2012] NSWSC 937 Shevill v Builders Licensing Board (1982) 149 CLR 620 Smith v Noss [2006] NSWCA 37 Texts Cited: Cheshire and Fifoot, Law of Contract 10th Australian edition Category: Principal judgment Parties: Infinity Design Pty Ltd t/as Ingenuity Product Design (Plaintiff) Challenge Property Investments Pty Ltd (Defendant) Representation: Counsel: Mr D Elliott (Plaintiff) Mr J Raftery (Defendant)