Patrick John Bredel v Moore Business Systems Australia Ltd [2002] NSWSC 185

New South Wales Supreme Court

CITATION : Patrick John Bredel v Moore Business Systems Australia Ltd [2002] NSWSC 185 CURRENT JURISDICTION: Equity Division Commercial List FILE NUMBER(S) : SC 50139/00 HEARING DATE(S) : 3, 4 and 5 October 2001, 4 to 8 February 2002 and 26 February 2002 JUDGMENT DATE : 28 March 2002

PARTIES : Patrick John Bredel (Plaintiff) Moore Business Systems Australia Ltd (Defendant) JUDGMENT OF : Bergin J

COUNSEL : R A S Skiller leading E A Englebrecht (Plaintiff) M F Holmes QC leading R F Crow (Defendant) SOLICITORS : Ronald S Czinner & Co (Plaintiff) Mallesons Stephen Jaques (Defendant) CATCHWORDS : [CONTRACT] Terms of contract between plaintiff and defendant - whether defendant agreed to pay plaintiff 4% commission on incremental sales "for the life" of certain contracts won by the plaintiff. - [ESTOPPEL] Whether defendant represented to plaintiff that he would be paid 4% commission on incremental sales "for the life" of the contracts won for the defendant - whether defendant relied upon representation to his detriment. Brambles Holdings Limited v Bathurst City Council [2001] NSWCA 61 CASES CITED : Courtney & Fairbairn Ltd v Tolaini Brothers (Hotels) Ltd [1975] 1 WLR 297 Placer Development Ltd v The Commonwealth of Australia (1969) 121 CLR 353 DECISION : Summons dismissed

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IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST

BERGIN J

28 MARCH 2002

50139/2000 PATRICK JOHN BREDEL V MOORE BUSINESS SYSTEMS AUSTRALIA LTD.

JUDGMENT 1 The plaintiff, Patrick John Bredel, seeks a declaration that "pursuant to the commercial contractual arrangements" made by him with the defendant he is entitled to be paid by the defendant commission at the rate of 4% as follows: