NSW Caselaw
Reported Decision : [2001] ACL Rep 110 NSW 55
New South Wales Court of Appeal
CITATION : GLOBAL NETWORK SERVICES PTY LTD v LEGION TELECALL PTY LTD [2001] NSWCA 279 FILE NUMBER(S) : CA 41036/99 HEARING DATE(S) : 27, 28 March 2001 JUDGMENT DATE : 28 August 2001
PARTIES : GLOBAL NETWORK SERVICES PTY LTD v LEGION TELECALL PTY LTD JUDGMENT OF : Mason P at 1; Meagher JA at 113; Beazley JA at 122
LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : LOWER COURT Rolfe J JUDICIAL OFFICER :
COUNSEL : Appellant: P L Brereton SC / M Meek Respondent: W H Nicholas QC / J Stevenson SOLICITORS : Appellant: Michael Saunders & Associates Respondent: Michell Sillar CATCHWORDS : Contract - Breach - Construction of term - psychic telephone services - contract between Service Bureau and Call Processing Centre to direct all calls through call processing centre - whether duty absolute or duty to use best endeavours - whether failure to secure third parties' business for call processing centre amounted to breach of term - Assessment of Damages. (ND) DECISION : Appeal and cross appeal dismissed with costs
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41036/99 MASON P MEAGHER JA BEAZLEY JA
Tuesday 28 August 2001 GLOBAL NETWORK SERVICES PTY LTD v LEGION TELECALL PTY LTD
This appeal involves a contract (the Contract) made between Global Network Services Pty Ltd (Global) and Legion Telecall Pty Ltd (Legion) on 30 November 1994. Both Global and Legion are part of the Telstra's 190 InfoCall Services for psychic related services. In November 1994 Legion was arranging to become InfoCall's Service Bureau for the 190 premium services providing psychic services. It was also setting itself up as a service provider under the name "Psychic Live" with five 190 telephone lines. Global also proposed to function as a service provider trading as "Psychic Hotline" (later "Psychic Express"). Through the Contract Legion engaged Global to operate the Call Processing Centre (CPC) for its "Psychic Live" services.
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