E V Bob Pty Limited v Oakgrid Pty Limited [2000] NSWSC 85

New South Wales Supreme Court

CITATION : E V Bob Pty Limited v Oakgrid Pty Limited [2000] NSWSC 85 CURRENT JURISDICTION: Supreme Court FILE NUMBER(S) : SC 11626/99 HEARING DATE(S) : 18/02/00 JUDGMENT DATE : 18 February 2000

PARTIES : E V Bob Pty Limited v Oakgrid Pty Limited JUDGMENT OF : Brownie AJ at 1

LOWER COURT Local Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER :

COUNSEL : Mr D Baran (for plaintiff) Mr M Christie (for defendant) SOLICITORS : M G Doselk (for plaintiff) Heidtman & C (for defendant) CATCHWORDS : Restitution - money paid in anticipation of a contract that was never concluded DECISION : Summons dismissed with costs

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BROWNIE AJ Friday 18 February 2000

11626/99: E V BOB PTY LIMITED v OAKGRID PTY LIMITED JUDGMENT 1 HIS HONOUR: The present plaintiff was the defendant in an action in the local court. In the local court the present defendant sued the present plaintiff to recover the sum of $30,000.

2 The appeal, which predates the present legislation, was by way of stated case. According to the case, the facts were as follows: "(i) The defendant made and marketed clothing.

(ii) It was the policy of the defendant to supply clothing to its own shops or franchises.

(iii) There was a written agreement not executed by the parties whereby there was to be a licence for a period of five years. That agreement contemplated payment of a licence fee of $30,000 by the plaintiff.

(iv) The plaintiff paid $30,000 to the defendant." 3 There were then findings as to various communications between the parties leading to the termination of the proposed licence agreement.