Skandaguru Company Pty Ltd v Core Supply Australia Pty Ltd [2022] NSWSC 1639

Supreme Court New South Wales

Medium Neutral Citation: Skandaguru Company Pty Ltd v Core Supply Australia Pty Ltd [2022] NSWSC 1639 Hearing dates: 28 November 2022 Decision date: 02 December 2022 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) Judgment for the plaintiff against the first defendant in the sum of $793,729.71; (2) The first defendant pay the plaintiff's costs of the proceedings. Catchwords: CIVIL PROCEDURE — Pleadings — Amendment — Late application for amendment — Withdrawal of admission that the second defendant was party to contracts CONTRACTS — Breach of contract — Supply of COVID-19 rapid antigen test kits — Damages for non-delivery under s 53 of the Sale of Goods Act 1923 (NSW) CONTRACTS — Implied terms — Terms implied in fact — Requirements for implication — Whether necessary to imply term that delivery of goods was contingent on defendants obtaining supply CONTRACTS — Remedies — Damages — Reliance damages — Where plaintiff seeks recovery of deposits paid Legislation Cited: Frustrated Contracts Act 1978 (NSW) Sale of Goods Act 1923 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266; [1977] UKPCHCA 1 Byrne v Australian Airlines Ltd (1995) 185 CLR 410; [1995] HCA 24 CCP Australian Airships Ltd v Primus Telecommunications Pty Ltd (2005) ATPR ¶42-042; [2004] VSCA 232 Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64; [1991] HCA 54 Robinson v Harman (1848) 1 Ex 850; 154 ER 363 Category: Principal judgment Parties: Skandaguru Company Pty Ltd (Plaintiff) Core Supply Australia Pty Ltd (First Defendant) Core Supply Medical Pty Ltd (in liq) (Second Defendant) Representation: Counsel: ME Hall (Plaintiff) DJ Helvadjian (First Defendant)