NSW Caselaw
New South Wales Court of Appeal
CITATION: Brady Contracting Pty Ltd v Kellyville Christmas Tree Farm Pty Ltd [2005] NSWCA 22
HEARING DATE(S): 17/02/2005
JUDGMENT DATE: 17 February 2005
JUDGMENT OF: Santow JA at 1-5 & 23; McColl JA at 6; Hunt AJA at 7-22
DECISION: 1. Appeal dismissed.; 2. Appellant to pay resondent's costs.
CATCHWORDS: Oral contract to deliver to plaintiff timber of different qualities taken from demolition of wharves - payment to plaintiff of dump fee - expectation of parties that the timber delivered would contain some timber of commercial benefit to plaintiff warranting lesser dump fee - defendant by own mistake selected timber for delivery to plaintiff which was of more commercial value to plaintiff than intended by defendant - whether timber delivered was nevertheless delivered within the terms of contract - claims in detinue and unjust enrichment dismissed - no error.
Associated Japanese Bank (International) Limited v Credit Du Nord SA [1989] 1 WLR 255 CASES CITED: McCrae v Commonwealth Disposals Commission (1951) 84 CLR 377
R J Brady Contracting Pty Ltd PARTIES: Kellyville Christmas Tree Farm Pty Ltd
FILE NUMBER(S): CA 40501/04
Mr I D Cullen/Mr D Allen Appellant COUNSEL: Ms J Oakley Respondent
Philip Parbury & Associates Appellant SOLICITORS: Robert King & Associates Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 2721/2003
LOWER COURT JUDICIAL OFFICER: Herron DCJ
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
CA 40501/04
SANTOW JA McCOLL JA HUNT A-JA
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