Lobster & Co Trading Pty Ltd v Nisbets Australia Pty Limited [2023] NSWSC 1179

Supreme Court New South Wales

Medium Neutral Citation: Lobster & Co Trading Pty Ltd v Nisbets Australia Pty Limited [2023] NSWSC 1179 Hearing dates: 16 August 2023 Date of orders: 29 September 2023 Decision date: 29 September 2023 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) Leave to file a further amended summons is refused. (2) Leave to appeal in relation to Appeal Ground 2 is refused. (3) Appeal Ground 3 has failed. (4) The decision of Magistrate Greenwood dated 20 October 2022 is affirmed. (5) The Amended Summons dated 24 March 2023 is dismissed. (6) The appellant is to pay the respondent's costs. Catchwords: Appeal from Local Court decision – Local Court dismissed plaintiff's claim – dispute over failure of chairs to be delivered – the defendant found not to be in breach of contract with plaintiff. Legislation Cited: Sale of Goods Act 1923 (NSW) s 32 Local Court Act 2007 (NSW) s 40 Cases Cited: Agricultural and Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570; [2008] HCA 57 BSO Network Inc v EMClarity Pty Ltd (No 2) [2021] QSC 192 Canning v Temby [1905] HCA 45; 3 CLR 419 at 424 Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd (2019) 101 NSWLR 679; [2019] NSWCA 185 Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7; 251 CLR 640 Kennedy v Vercoe (1960) 105 CLR 521 Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited [2015] HCA 37; 256 CLR 104 Namoi Sustainable Energy Pty Limited v Buhren [2022] NSWSC 175 Reid v Moreland Timber Co Pty Ltd [1946] HCA 48; 73 CLR 1 Simic v New South Wales Land and Housing Corporation [2016] HCA 47; 260 CLR 85 Victoria v Tatts Group Ltd [2016] HCA 5; (2016) 90 ALJR 392 Category: Procedural rulings Parties: Lobster & Co Trading Pty Ltd (plaintiff) Nisbets Australia Pty Limited (defendant) Representation: Counsel: A. Fernon SC (plaintiff) J. Elks (defendant)