Western Freight Management Pty Ltd v Toll Transport Pty Ltd [2024] NSWCA 124

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Western Freight Management Pty Ltd v Toll Transport Pty Ltd [2024] NSWCA 124 Hearing dates: 17 April 2024 Date of orders: 24 May 2024 Decision date: 24 May 2024 Before: Bell CJ at [1]; Payne JA at [82]; Griffiths AJA [83] Decision: Appeal dismissed with costs Catchwords: CONTRACTS – construction – breach of contract – action in debt – no issue of principle Cases Cited: Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337; [1982] HCA 24 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165; [2004] HCA 52 Category: Principal judgment Parties: Western Freight Management Pty Ltd (Appellant) Toll Transport Pty Ltd (Respondent) Representation: Counsel:

A Leopold SC with J Young (Appellant) D Stanton with H Cooper (Respondent)

Solicitors:

TPS & Co Lawyers (Appellant) Norton White (Respondent) File Number(s): 2023/193143 Publication restriction: N/A Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Citation: [2023] NSWDC 176 Date of Decision: 26 May 2023 Before: Montgomery DCJ File Number(s): 2020/236136

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]