NSW Caselaw
New South Wales Supreme Court
CITATION : Grace v Cartwright [2000] NSWSC 13 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 11348/97 HEARING DATE(S) : 15/11/99 - 18/11/99 JUDGMENT DATE : 2 February 2000
PARTIES : John William Grace Kinburn William Cartwright JUDGMENT OF : Sully J
COUNSEL : G.B. Evans - Plaintiff B. De Buse - Defendant SOLICITORS : J.P. McKeon & Co. - Plaintiff Potts Latimer - Defendant Contracts Review Act LEGISLATION CITED : Unfair Contracts Act Supreme Court Act 1970 Abalos v Australian Postal Commission (1990) 171 CLR 167 at 179 Pacanowski v Wygoda: Federal Court of Australia, (Neaves, Wilcox & Spender JJ) unreported, 18/12/92 CASES CITED : Electronic Industries Ltd v David Jones Ltd (1954) 54 SR (NSW) 102 at 109 Gray v Lang (1955) 56 SR (NSW) 7 at 12,13 Anderson's Pacific Trading Co Pty Ltd v Karlander New Guinea Line Ltd [1980] 2 NSWLR 870 at 876, F-G DECISION : 1. Judgment for the plaintiff for $75,536 together with interest calculated at the rate of 14% per annum on quarterly rests for period from 9/5/91 to 15/1/92; and at the rates set relevantly in Schedule F of the Supreme Court Rules for the period from date of service of Statement of Claim filed on 6 May 1997 to today's date; 2. Judgment for the plaintiff on the defendant's cross-claims.; 3. The defendant to pay the plaintiff's costs.; 4. Exhibits may be returned.
SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
SULLY J
2 February 2000
11348/97 - GRACE v CARTWRIGHT
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