IAZ Logistics Pty Ltd ACN 646454846 as Trustee for IAZ Logistics Trust ABN 44957229252 v Deliver Group Pty Ltd [2023] NSWDC 396

District Court New South Wales

Medium Neutral Citation: IAZ Logistics Pty Ltd ACN 646454846 as Trustee for IAZ Logistics Trust ABN 44957229252 v Deliver Group Pty Ltd [2023] NSWDC 396 Hearing dates: 29 August 2023 30 August 2023 31 August 2023 1 September 2023 2 September 2023 Date of orders: 29 September 2023 Decision date: 29 September 2023 Jurisdiction: Civil Before: Waugh SC DCJ Decision: (1) Direct the parties to confer and attempt to reach agreement about the calculation of pre-judgment interest and costs within 7 days. (2) Direct that in the event the parties are unable to agree as to the calculation of interest or costs, they are to provide submissions of no more than 5 pages to the Associate of Judge Waugh within 10 days. (3) Stand the proceedings over for final submissions and the making of final orders before Judge Waugh at 9.30 a.m. on 13 October 2023. Catchwords: CONTRACTS – formation – acceptance of offer – implied terms – implied terms in fact Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Competition and Consumer Act 2010 (Cth), s 236 Evidence Act 1995 (NSW), s 64 Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Cases Cited: Associated Alloys Pty Ltd v ACN 001 452 106 Pty Ltd (in liq) (2000) 202 CLR 588 B.P. Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 at 283 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Hawkins v Clayton (1988) 164 CLR 539 Texts Cited: Cheshire and Fifoot Law of Contract (12th Australian edition, 2023) Heydon on Contract (2019) Category: Principal judgment Parties: IAZ Logistics Pty Ltd ACN 646454846 as Trustee for IAZ Logistics Trust ABN 44957229525 (Plaintiff/Cross-Defendant) Deliver Group Pty Ltd (Defendant/Cross-Claimant) Representation: Counsel: Mr C Freeman (Plaintiff/Cross-Defendant) Ms A Elizabeth (Defendant/Cross-Claimant)