Credit Suisse First Boston v Sports Mondial Australia Pty Ltd [2003] NSWSC 9

New South Wales Supreme Court

CITATION : Credit Suisse First Boston v Sports Mondial Australia Pty Ltd [2003] NSWSC 9 HEARING DATE(S) : 18/12/02,19/12/03,20/12/03 JUDGMENT DATE : 7 February 2003

JUDGMENT OF : Gzell J DECISION : Judgment for plaintiff for $892,500 together with interest.

CATCHWORDS : CONTRACTS - General Contractual Principles - Implied Terms - Performance within a reasonable time - Representations that 119 tickets to the World Cup soccer final would be delivered five to seven days before the event - Reasonable time expired five days before the final - Unblocked tickets not in breach of implied term of reasonable fitness for purpose - no secondary contract in substitution that tickets be sold and sale price accounted to plaintiff - TRADE PRACTICES - Consumer Protection - Statement false with respect to defendant but true of affiliated group not causative of relevant loss under Trade Practices Act 1974 (Cth) s 52 - Defendant received second instalment of purchase price when reasonable grounds of which it ought reasonably to have been aware for believing that it would not be able to supply the tickets within a reasonable time in contravention of s 58 LEGISLATION CITED : Trade Practices Act 1974 (Cth) Canning v Temby (1905) 3 CLR 419 at 424 CASES CITED : Perri v Coolangatta Investments Pty Ltd (1982) 149 CLR 537 at 567-568 Rudi's Enterprises Pty Ltd v Jay (1987) 10 NSWLR 568 at 576 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 at 525 PARTIES : Credit Suisse First Boston (Hong Kong) Limited - Plaintiff Sports Mondial Australia Pty Limited - Defendant FILE NUMBER(S) : SC 50148/02 COUNSEL : Mr A S Bell for the Plaintiff Mr I M Jackman SC with Mr S Goodman for the Defendant SOLICITORS : Mallesons Stephen Jaques for the Plaintiff Snelgrove Boyle Neilson Solicitors for the Defendant