Wedeco v Precision One Off Engineering [2004] NSWSC 813

New South Wales Supreme Court

CITATION : Wedeco v Precision One Off Engineering [2004] NSWSC 813 HEARING DATE(S) : 18/08/04 JUDGMENT DATE : 7 September 2004

JUDGMENT OF : Gzell J DECISION : Order the defendant to deliver up to the plaintiff remaining items on tax invoice 560.

CATCHWORDS : CONTRACTS - General Contractual Principles - Offer and Acceptance - Terms of settlement of District Court action - Agreed variation - Whether terms of variation as deposed by plaintiff or defendant - No principles involved PARTIES : Wedeco AVP Pty Ltd - Plaintiff Precision One Off Engineering - Defendant FILE NUMBER(S) : SC 1482/04 COUNSEL : Mr R Weaver - Plaintiff Mr D Wetmore - Defendant SOLICITORS : Comino Prassas Solicitors Mark Solomon & Associates Solicitors & Barristers

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

GZELL J

TUESDAY 7 SEPTEMBER 2004

1482/04 WEDECO AVP PTY LTD v PRECISION ONE OFF ENGINEERING PTY LTD JUDGMENT 1 The defendant, Precision One Off Engineering Pty Ltd, manufactured goods for the plaintiff, Wedeco AVP Pty Ltd. The relationship between the principals of the companies broke down and Precision sued Wedeco in the District Court for outstanding moneys. Those proceedings were settled upon terms that included a payment of $100,000 by Wedeco and delivery up by Precision of items in specified invoices. 2 On 17 November 2003, Wedeco paid the $100,000 and took delivery of some items in the specified invoices. Wedeco asserts that further items were to be collected on 18 November 2003. Precision asserts that all items to which Wedeco was entitled were collected on 17 November 2003. Wedeco's version 3 Ross Dive, the managing director of Wedeco, said that following an inspection of the items at Precision's premises on 17 November 2003, he told Bruce Ian McLean, the managing director of Precision, that two ultra violet stainless steel chambers and two lengths of stainless steel were missing. Mr McLean produced two UV lamps and polyethylene UV chambers which Mr Dive agreed to accept in place of the missing items. A polishing machine was incomplete. The polishing unit was missing. Mr Dive said that Mr McLean offered the other items on tax invoice 560 in substitution, to which he agreed. Mr McLean produced an acknowledgement stating: "This is to indicate that all property of Wedeco Pty Ltd has been accounted for at our property at 2 Aspinall Place, Mulgrave as per court agreement reached by both parties."