Causmag Ore Company Pty Limited v Blue NRG Pty Limited [2022] NSWSC 859

Supreme Court New South Wales

Medium Neutral Citation: Causmag Ore Company Pty Limited v Blue NRG Pty Limited [2022] NSWSC 859 Hearing dates: 25 February 2022 Date of orders: 30 June 2022 Decision date: 30 June 2022 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The time within which to file the Summons is extended to 10 September 2021. (2) The appeal is dismissed. (3) The appellant is to pay the respondent's costs of the appeal. Catchwords: LOCAL COURT APPEAL – whether adequate reasons given – whether Local Court erred in not articulating construction of relevant clause in Contract – whether error in constructing clause – whether error in deciding there was no breach of clause 5.2 – no error – reasons adequate – appeal dismissed Legislation Cited: Local Court Act 2007 (NSW) Cases Cited: O'Meara v Adams (No 2) [2021] NSWSC 1167 Spitzer v Ward & Anor [2004] NSWSC 100 Stoker v Adecco Gemvale Constructions Pty Ltd [2004] NSWCA 449 US Manufacturing Co Pty Limited v ABB Service Pty Limited [2008] NSWSC 705 Category: Principal judgment Parties: Causmag Ore Company Pty Limited (Appellant) Blue NRG Pty Limited (Respondent) Representation: Counsel: B Philips (Appellant) A Oakes (Respondent)

Solicitors: Mahony Law (Appellant) Steel & Co. Law & Conveyancing (Respondent) File Number(s): 2021/259058 Publication restriction: Nil Decision under appeal Court or tribunal: Local Court Jurisdiction: Civil Date of Decision: 31 May 2021 Before: Magistrate J Kiely File Number(s): 2019/150302