NSW Caselaw
New South Wales Supreme Court
CITATION : Graham Leonard Brand & Ors v Digi-Tech (Australia ) Limited & Ors, Christopher Gerard Kelliher & Ors v Digi-Tech (Australia) Limited & Ors [2002] NSWSC 416 FILE NUMBER(S) : SC 50169/99; 50087/00 HEARING DATE(S) : 6/5/02, 7/5/02, 8/5/02, 9/5/02, 10/5/02. 13/5/02, 14/5/02, 15/5/02, 16/5/02, 17/5/02, 20/5/02, 21/5/02, 22/5/02, 23/5/02, 24/5/02, 27/5/02, 28/5/02, 29/5/02, 30/5/02, 31/5/02, 3/6/02, 4/6/02, 11/6/02, 12/6/02, 13,6/02, 14/6/02 JUDGMENT DATE : 13 August 2002
Graham Leonard Brand & Ors (Plaintiffs) Christopher Gerard Kelliher & Ors (Plaintiffs) PARTIES : Dig-Tech (Australia) Limited (1st Defendant) Digi-Tech Equities Limited (2nd Defendant) Digi-Tech Communications (3rd Defendant) John Anthony Reid (4th Defendant) JUDGMENT OF : Einstein J
COUNSEL : Mr A J Meagher SC, Mr I M Jackman (Plaintiffs) Mr J C Sheahan SC, Mr M Christie (Defendants) SOLICITORS : Atanaskovic Hartnell (Plaintiffs) Blake Dawson Waldron (Defendants) CATCHWORDS : Trade Practices - Misleading and deceptive conduct - Section 52 Trade Practices Act 1974 - Section 51A Trade Practices Act 1974 - Contract - Construction of contract - Termination for breach of contract - Materiality of breaches - Repudiation - Validity of exercise of options - Abandonment - [see more detailed catchwords within] Copyright Act 1968 Corporations Law Dividends, Interest and Royalties Withholding Tax) Act 1974 (Cwlth) LEGISLATION CITED : Fair Trading Act 1986 (NZ) Income Tax Assessment Act 1936 (Cwlth) Income Tax Assessment Regulations International Tax Agreements Act 1953 (Cth) Trade Practices Act 1974 (Cwth) DECISION : The plaintiffs have failed in their misleading and deceptive conduct cases.; The Kalifair Pty Ltd and Kalinick Pty Ltd option agreements never had any contractual effect so that there were no options capable of being exercised; The defendants have failed in their claims to have terminated the subject agreements.; Save in the case of the McLean Tecnic companies, the remaining plaintiffs with valid option agreements have succeeded in their claims to have exercised the options.; Disparate issues are considered against the event that certain holdings be incorrect.; Short minutes of order to be brought in
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