S.K. Networks Australia Pty Ltd v ACI Plastics Packaging [2007] NSWLC 22

Local Court of New South Wales

CITATION: S.K. Networks Australia Pty Ltd v ACI Plastics Packaging [2007] NSWLC 22 JURISDICTION: Civil PARTIES: S.K. Networks Australia Pty Ltd ACI Plastics Packaging FILE NUMBER: 5630/06 PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 07/06/2007 MAGISTRATE: Magsitrate B A Lulham CATCHWORDS: Contract – construction of contract – meaning of "month of shipment" LEGISLATION CITED: Codelfa Construction Pty Limited v State Rail Authority of New South Wales (1981) 149 CLR 337 Darlington Futures Limited v Delco Australia Limited [1986] 161 CLR 500 Toll v Alphapharm (2004) 219 CLR 165 CASES CITED: Clyde Navigation Trustees v Laird (1883) 8 Applicant Case 658 Re Comptoir Commercial Anversois and Power, Son & Co [1920] 1 KB 868 JMowbray, Robinson & Co v Rosser (1922) 91 LJKB 524 Esmail v Rosenthal J & Sons Ltd [1964] 2 Lloyd's Rep 447 Mr B. Lum (Counsel for Plaintiff) De Mestre & Company Plaintiff's (Solicitor for Plaintiff)

REPRESENTATION:

Ms S Chrysanthou (Counsel for Defendant) Edwin Davey Commercial & Litigation Lawyers (Solicitor for Defendant) ORDERS: Judgment for the plaintiff in the sum of $36,158.94. The defendant is to pay interest on the sum of $36,158.94 from 1 November 2005 to be calculated by the registry. Costs follow the event. The defendant is to pay the plaintiff's costs and disbursements of the proceedings as agreed. In default of agreement within 28 days, the costs and disbursements are to be assessed under the Legal Profession Act.