NSW Caselaw
New South Wales Supreme Court
CITATION : Brambles Australia Limited Trading As CHEP Australia v Tatale Pty Limited and Anor [2006] NSWSC 204
HEARING DATE(S) : 24 March 2006
JUDGMENT DATE : 30 March 2006
JUDGMENT OF : Bergin J
DECISION : Leave to file Amended Cross-Summons refused.
CATCHWORDS : [PLEADINGS] - Requirements in Commercial List - Application for leave to file Amended Cross-Summons - Opposed on various grounds
LEGISLATION CITED : Trade Practices Act 1974 (Cth)
Brambles Australia Ltd t/as CHEP Australia v Tatale Pty Ltd & Anor [2004] NSWCA 232 CASES CITED : Perre v Apand Pty Ltd (1999) 198 CLR 180 Woolcock Street Investments Pty Ltd v CDG Pty Ltd & Anor (2004) 216 CLR 515
Brambles Australia Limited ACN 000 164 938 (Plaintiff) PARTIES : Tatale Pty Limited ACN 002 973 686 (First Defendant) Venasti Pty Limited ACN 003 326 412 (Second Defendant)
FILE NUMBER(S) : SC 50109/2006
COUNSEL : B Coles QC, P T Russell (Plaintiff) J Garnsey QC, J Van Alst (First and Second Defendants)
SOLICITORS : Cowley Hearne Lawyers (Plaintiff) Ian Kalaf (First and Second Defendants)
- 26 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
BERGIN J
30 MARCH 2006
50109/05 BRAMBLES AUSTRALIA LTD Trading As CHEP AUSTRALIA v TATALE PTY LIMITED & ANOR JUDGMENT 1 The plaintiff, Brambles Australia Ltd trading as CHEP Australia, conducts a business hiring out wooden pallets, known as CHEP Pallets, to its customers for reward. The pallets are painted a distinctive blue colour and are stencilled with a CHEP logo. The pallets also have written on them the words "always remains the property of CHEP". 2 The hiring agreement between CHEP and its customers includes the following: 1. DEFINITIONS In these terms: Equipment means items of property lent or hired out by CHEP from time to time; CHEP means Brambles Australia Limited ACN 000 164 938 (and its successors and assigns) trading as CHEP Australia; Hirer means any person, firm or corporation to whom Equipment is lent or hired by CHEP, and its legal personal representatives, successors and permitted assigns; and Quantity on Hire means, in respect of any day, the quantity of Equipment lent or hired by CHEP to the Hirer. 2. HIRE OF EQUIPMENT
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