NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Data Transfer Services Pty Ltd v The Local Project Pty Ltd [2024] NSWDC 531 Hearing dates: 22 July 2024 Date of orders: 8 November 2024 Decision date: 08 November 2024 Jurisdiction: Civil Before: Andronos SC DCJ Decision: (1) Judgment for the defendant. (2) The plaintiff to pay the defendant's costs, on the ordinary basis as agreed or assessed. Catchwords: CONTRACTS — Implied terms — Terms implied in fact — Necessary to give business efficacy CONTRACTS — Breach of contract — Consequences of breach — Right to damages CONTRACTS — Remedies — Liquidated damages — Debt ESTOPPEL — Estoppel by representation — Detrimental reliance Legislation Cited: Evidence Act 1995, s 69, s 135 Cases Cited: Australian Broadcasting Corporation v Australasian Performing Rights Association Ltd (1973) 129 CLR 99 BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266 Legione v Hateley (1983) 152 CLR 406 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104; [2015] HCA 37 Stowe & Devereaux Holdings Pty Ltd v Stowe (1995) 127 FLR 25 Category: Principal judgment Parties: Data Transfer Services Pty Ltd (plaintiff) The Local Project Pty Ltd (defendant) Representation: Counsel: Mr M McGirr (plaintiff) Mr S H Hartford Davis (defendant)
Solicitors: R Legal (plaintiff) HWL Ebsworth Lawyers (defendant) File Number(s): 2023/00156446 Publication restriction: Nil
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