Spies v Francis [2001] NSWSC 143

New South Wales Supreme Court

CITATION : Spies v Francis [2001] NSWSC 143 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 20602/96 HEARING DATE(S) : 27/2/01-2/3/01 JUDGMENT DATE : 15 March 2001

Peter Mannery Spies (Plaintiff) PARTIES : v Murray Bowler Francis (Defendant) JUDGMENT OF : Newman AJ at 1

COUNSEL : P: Mr J Agius SC D: Mr G Van Der Vlag SOLICITORS : P: Clinch Neville Long D: Goldrick Farrell Mullan CATCHWORDS : Damages - breach of contract - whether documented in personal capacity or as disclosed agent - whether binding contract. LEGISLATION CITED : Limitation Act, 1969, s14 Contracts Review Act, 1980, s57 Masters v Cameron (1954) 91 CLR 353 Browne v Dunn (1893) 6 R 67 CASES CITED : McNally v Jackson Spanney (1938) 42 WALR 27 Southwell v Bowditch (1876) 1 CPD 374 Oracle New Zealand Ltd v Price Waterhouse Administration Ltd (1996) ANZConvR 297 DECISION : Judgment for defendant.

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

NEWMAN AJ

THURSDAY, 15 MARCH 2001 20602/96 - PETER MANNERY SPIES v MURRAY BOWLER FRANCIS JUDGMENT 1 HIS HONOUR: This is a claim for damages for breach of contract. The alleged contract is one for the sale of a business previously conducted by a company, Sterling Nicholas Duty Free Pty Limited (hereinafter referred to as "SNDF"), of which company the plaintiff was, at all relevant times, both Managing Director and a leading shareholder. On 29 October 1990, SNDF was placed into official liquidation. Mr J. E. Star as Liquidator of SNDF on 13 June 1996 assigned any rights that company might have in relation to the alleged contract to the plaintiff. 2 The alleged contract is evidenced by a document dated 14 May 1990. There is no issue in these proceedings that this document was in fact properly executed by both SNDF and the defendant on that date. However, it is the defendant's contention that:-