Tekely v Pryce [2000] NSWCA 6

New South Wales Court of Appeal

CITATION : Tekely v Pryce [2000] NSWCA 6 FILE NUMBER(S) : CA 40451/98 HEARING DATE(S) : 3 December 1999 JUDGMENT DATE : 17 February 2000

PARTIES : Appellant: Stephen Tekely trading as Premier Tekely Transport Respondent: James Robert Pryce JUDGMENT OF : Meagher JA at 1; Sheller JA at 20; Giles JA at 27

LOWER COURT JURISDICTION : District Court LOWER COURT 287/95 FILE NUMBER(S) : LOWER COURT Grogan DCJ JUDICIAL OFFICER :

COUNSEL : Appellant: J S Drummond Respondent: S M Kettle SOLICITORS : Appellant: Bateman Battersby (Penrith) Respondent: Jacob law (Nth Richmond) CATCHWORDS : Breach of contract - whether breach of essential or implied term - whether reasonable notice given of termination - wrongful termination - damages - quantum of damages DECISION : Appeal dismissed with costs.

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40451/98

MEAGHER JA SHELLER JA GILES JA

17 FEBRUARY 2000 STEPHEN TEKELY TRADING AS PREMIER TEKELY TRANSPORT v JAMES ROBERT PRYCE BREACH OF CONTRACT - WHETHER BREACH OF ESSENTIAL OR IMPLIED TERM - WHETHER REASONABLE NOTICE GIVEN OF TERMINATION - WRONGFUL TERMINATION - DAMAGES - QUANTUM OF DAMAGES

Facts: A dispute arose from an agreement to purchase a prime mover. The terms of the contract were very much in the appellant's favour. Among other things they specified the purchase was to financed by the appellant, and that the respondent would be responsible for obtaining insurance for the vehicle.

Because of his age the respondent was unable to procure insurance for the vehicle. The appellant, without notice, terminated the contract. The respondent successfully brought action for the breach of contract. The appellant appeals against this decision.