Shamrock Holdings Pty Ltd v Norco Co-operative Ltd [2000] NSWSC 1149

New South Wales Supreme Court

CITATION : Shamrock Holdings Pty Ltd v Norco Co-operative Ltd [2000] NSWSC 1149 FILE NUMBER(S) : SC 12213/2000 HEARING DATE(S) : 27/11/00;29/11/00 JUDGMENT DATE : 1 December 2000

PARTIES : Shamrock Holdings Pty Limited v Norco Co-operative Limited JUDGMENT OF : O'Keefe J

COUNSEL : J Hyde/ A Radojev - for plaintiff B E Kinsella - for defendant For plaintiff Rummery's Lismore NSW SOLICITORS : For Defendant Stone & Partners Lismore NSW CATCHWORDS : Local Court - Appeal - ambit - Contract - Undisclosed principal CASES CITED : Pace v Read [2000] NSWSC 823, 18 August 2000, unreported DECISION : Summons dismissed; Plaintiff to pay the defendant's costs

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

O'KEEFE J FRIDAY 1 DECEMBER 2000 012212/00 - SHAMROCK HOLDINGS PTY LTD v NORCO CO-OPERATIVE LIMITED JUDGMENT 1 HIS HONOUR: Shamrock Holdings Pty Ltd (the plaintiff) has appealed against a decision of the Lismore Local Court given on 25 March, 1999 in which a judgment for $39,469.70 together with interest was entered against it in favour of Norco Co-operative Limited (the defendant) on a claim for goods sold and delivered, namely fish which had been supplied for use and sale in a fish shop in the Grafton Mall known as "Fish Delish" between 10 March and 1 November, 1995. 2 It should be noted that originally the action had been against the plaintiff and Robert John Kenny (Kenny) and Manlon Du Bont (Du Bont) but the claims against them had been withdrawn before the hearing of the matter in which the decision is the subject of the present appeal. 3 The grounds of appeal were orginally five in number, namely: "1. There was no evidence supporting the finding that the plaintiff was identified to the defendant as the principal of the business.