BAKER & ORS v. ELDERS LIMITED (ACN 004 045 121) [2005] NSWCA 298

Reported Decision : (2006) Aust Contract Reports 90-216

New South Wales Court of Appeal

BAKER & ORS v. ELDERS LIMITED (ACN 004 045 121) [2005] NSWCA 298 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 29/06/2005

JUDGMENT DATE: 2 September 2005

JUDGMENT OF: Beazley JA at 1; Ipp JA at 43; Hunt AJA at 44

DECISION: 1. Appeal allowed in part;; 2. Set aside Order 5 made by English DCJ on 25 June 2004 and in lieu thereof enter verdict and judgment in favour of the first and second appellants against the respondent in the amount of $249,174.60 in respect of Grounds 3-10 as set out in the first and second appellant's cross-claim;; 3. Order that the amount awarded to the first and second appellants in respect of the cross-claim be set off as against the amount awarded to the respondent in respect of its contract claim against the first appellant, namely, $134,823.60.; 4. Order that each party pay his and its own costs of the trial at first instance and of the appeal.

CATCHWORDS: CONTRACT - goods purchased by party but amount owed charged to another person's account - whether purchasing party liable for cost of goods - TORT - negligence - duty of care - breach - failure of party to advise on and monitor insect infestation programme for cotton crop - damages flowing from breach of duty - diminution of crop yield - CONTRACT - unjust enrichment - whether monies paid under a mistake of fact - restitution - relevant principles

CASES CITED: David Securities v. Commonwealth Bank of Australia (1992) 175 CLR 353

Larry Roger Baker (First Appellant) PARTIES: Strathaven Cotton Pty. Limited (ACN 081 441 634) (Second Appellant) Elders Limited (004 045 121) (Respondent)