SMYP Proprietary Limited v Sea & Sun (Development) Pty Limited trading as Australia Skyrd Estate Winery [2021] NSWDC 778

District Court New South Wales

Medium Neutral Citation: SMYP Proprietary Limited v Sea & Sun (Development) Pty Limited trading as Australia Skyrd Estate Winery [2021] NSWDC 778 Hearing dates: 5-6 August 2021, 9-10 August 2021, 12 August 2021 Date of orders: 12 August 2021 Decision date: 12 August 2021 Jurisdiction: Civil Before: Neilson DCJ Decision: (1) Verdict and judgment for the Plaintiff against the First Defendant for $239,621.33; (2) First Defendant to pay the Plaintiff's costs of the Plaintiff claim against it on an indemnity basis; (3) Verdict and judgment for the Second Defendant against the Plaintiff; (4) Verdict and judgment for the Cross-Defendant against the Cross-Defendant and the cross-claim; (5) Cross-Claimant to pay Cross-Defendant's costs of the cross-claim on an indemnity basis; and (6) The plaintiff to pay the Second Defendant's costs incurred in defending the claim made against him. Catchwords: CONTRACT – ACTION FOR BREACH – Plaintiff's claim in evidence on accounts stated. CONTRACT – NOVATION OR NEW CONTRACT – resulting from company restructure by Plaintiff. WHETHER COMPROMISE of original agreement- whether consensus ad idem. CONSUMER LAW – Whether breach of an express term of contract amounts to a "representation" that enlivens Australian Consumer Law – Whether director of a company liable for same if company breaches an express term of the contract. EVIDENCE – Significance of failure of Defendant to cross-examine Plaintiff's principal witness. Legislation Cited: Competition and Consumer Act 2010 (Cth) Cases Cited: Nil. Texts Cited: Nil. Category: Principal judgment Parties: Plaintiff - SMYP Proprietary Limited Defendant - Sea & Sun (Development) Pty Limited trading as Australia Skyrd Estate Winery Representation: Plaintiff Bennett, D. Defendant Hall, C. File Number(s): 2020/00069992 Publication restriction: Nil.