DENNIS PETHYBRIDGE v STEDIKAS HOLDINGS PTY LTD [2007] NSWCA 154

Reported Decision: (2007) Aust Contract Reports 90-263

New South Wales Court of Appeal

CITATION: DENNIS PETHYBRIDGE v STEDIKAS HOLDINGS PTY LTD [2007] NSWCA 154

HEARING DATE(S): 23 April 2007

JUDGMENT DATE: 27 June 2007

JUDGMENT OF: Beazley JA at 1; Basten JA at 2; Campbell JA at 3

DECISION: (1) Appeal allowed.; (2) Set aside the judgment and orders made on 24 March 2006 in matter 9804 of 2001 in the District Court of New South Wales.; (3) Order that the said District Court proceedings be dismissed with costs.; (4) Respondent to pay costs of the Appellant of the appeal.; (5) Respondent to have a certificate under the Suitors Fund Act 1951, if qualified.

CATCHWORDS: CONTRACTS – general contractual principles – parties – identification of parties – where contract made with a business – where registered proprietor of business name not carrying on business under that business name – where company owned by registered proprietor of business name carried on business under that business name – whether contract made with registered proprietor of business name or with company that carried on business under that business name – where statute provides prima facie presumption that business is carried on by registered proprietor of business name – statutory presumption that business is carried on by registered proprietor of business name rebuttable by evidence – identification of parties to a contract to be determined in accordance with the objective theory of contract – Business Names Act 1962 (NSW) - CONTRACTS – general contractual principles – parties – identification of parties – whether subsequent communications relevant to determining identity of parties

Business Names Act 1962 (NSW) LEGISLATION CITED: Partnership Act 1915 (Vic) Suitors Fund Act 1951