Reid Lalor Sales Pty Limited v Steve Ellery Printing Pty Ltd [2006] NSWDC 3

New South Wales District Court

CITATION: Reid Lalor Sales Pty Limited v Steve Ellery Printing Pty Ltd [2006] NSWDC 3

HEARING DATE(S): 05/12/05-08/12/05, 20/02/06-24/02/06, 27/02/06,01/03/06-03/03/06

JUDGMENT DATE: 7 September 2006

JUDGMENT OF: Phegan DCJ

DECISION: 1. Verdict and judgment for the defendant in the plaintiff's claim; 2. Verdict and judgment for the cross-claimant in the cross claim for the amount of $7,500; 3. Plaintiff/Cross-Defendant to pay the defendant/cross claimant's costs in the proceedings consistent with interlocutory costs orders but not including costs incurred in connection with written submissions from 6 March 2006. Costs not to include second counsel; Exhibits returned to parties on 07/09/06.

CATCHWORDS: contract - breach - repudiation - termination - damages - implied warranties of fitness and unmerchantable quality - misleading and deceptive conduct

LEGISLATION CITED: Sale of Goods Act 1923 (NSW) Trade Practices Act 1974 (Cth)

Helicopter Sales (Australia) Pty Ltd v Rotor-Work Pty Ltd (1974) 132 CLR 1 Speedway Safety Products Pty Ltd v Hazell & Moore Industries Pty Ltd [1982] 1 NSWLR 255 Bill Acceptance Corp Ltd v GWA Ltd (1983) 78 FLR 171 CASES CITED: Fink v Fink (1946) 74 CLR 127 at 143 Marten Ltd v McManus Childs Ltd [1969] 1AC Aerial Advertising Co v Batchelor's Peas Ltd (Manchester) [1938] 2 ALL ER 788 Jones v Dunkel (1959) CLR 295

PARTIES: Reid Lalor Sales Pty Limited T/as Reid Lalor Displays (Plaintiff/Cross-Defendant) Steve Ellery Screen Printing Pty Ltd (Plaintiff/Cross-Claimant)

FILE NUMBER(S): 1150/04