NSW Caselaw
New South Wales Court of Appeal
CITATION: Mode E Moda Pty Ltd v Physico Clothing Company Pty Ltd [2006] NSWCA 251
HEARING DATE(S): 29/08/06
JUDGMENT DATE: 29 August 2006
JUDGMENT OF: Hodgson JA at 26; Ipp JA at 1; McColl JA at 25
EX TEMPORE JUDGMENT DATE: 08/29/2006
DECISION: (1) Appeal dismissed with costs (2) Ordered pursuant to Rule 41.3 of the Uniform Civil Procedure Rules that money paid into Court in this matter be paid out to the respondent after 7 days.
CATCHWORDS: CONTRACT - whether parties entered into a contract for the delivery of goods - appellant accepted delivery of goods - whether intention to create a legally binding contract existed - application of objective test. D
CASES CITED: Air Great Lakes Pty Ltd v K S Easter (Holdings) Pty Ltd (1985) 2 NSWLR 309 Empirnall Holdings Pty Ltd v Machon Paull Partners Pty (1988) 14 NSWLR 523
PARTIES: Mode E Moda Pty Ltd (Appellant) Physico Clothing Company Pty Ltd (Respondent)
FILE NUMBER(S): CA 40846/05
COUNSEL: S M Kettle (Appellant) S R Donaldson SC/R D Marshall (Respondent)
SOLICITORS: Martin J Watts (Appellant) Zabow & Wise (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 4739/04
LOWER COURT JUDICIAL OFFICER: Phegan DCJ
LOWER COURT DATE OF DECISION: 30/09/05
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40846/05 DC 4739/04
HODGSON JA IPP JA McCOLL JA
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