Juno Beauty Pty Ltd v Superior Skin Care Pty Ltd [2006] NSWLC 23

Local Court of New South Wales

CITATION: Juno Beauty Pty Ltd v Superior Skin Care Pty Ltd [2006] NSWLC 23 JURISDICTION: Civil PARTIES: Juno Beauty Pty Ltd Superior Skin Care Pty Ltd FILE NUMBER: 9239/05 PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 04/24/2006 MAGISTRATE: Magistrate H Dillon CATCHWORDS: Contract - Whether trial period a term of contract - Whether contract provided for a set period of notice or an implied term as to reasonable notice - Whether commission payable after termination of contract - Whether plaintiff effective cause of sale of machine - Whether plaintiff liable to account to defendant for share of profits on sale of two machines LEGISLATION CITED: Crawford Fitting Co v Valve & Fittings Pty Ltd (1988) 14 NSWLR 438 CASES CITED: Emmons Mount Gambier Pty Ltd v Specilaist Solicitors Network Pty Ltd (2005) NSWCA 117 Moneywood Nominees Pty Ltd v Saloman Nominees Pty Ltd (2001) 202 CLR 351 Foulsham and Geddes - Solicitors REPRESENTATION: Mr A Ogborne - Counsel Ms A Drayton of Schweizer Kobras - Solicitors ORDERS: Verdict for the plaintiff in the sum of $17,218.07 and judgment accordingly.; Verdict for the cross-defendant and judgment accordingly.; Interest to be calculated by the Registrar from 9 March 2005.; Parties have liberty to apply on question of costs.

JUDGMENT

1. Both parties in this matter are companies involved in what is known as "the beauty industry". The plaintiff, Juno Beauty Pty Limited ("Juno") was directed and managed by Mr James Powell who had had, at the relevant times, lengthy experience in dealing with cosmetics and, in particular, skin products. Mr Powell had left a large firm to establish his own business in Sydney.