NSW Caselaw
New South Wales Supreme Court
CITATION : Allied Express Transport Pty Ltd v BAX Global (Aust) Pty Ltd (No 2) [2006] NSWSC 1180
HEARING DATE(S) : 16/10/06, 18/10/06, 19/10/06, 20/10/06, 23/10/06, 24/10/06, 25/10/06, 30/10/06, 31/10/06
JUDGMENT DATE : 13 November 2006
JURISDICTION : EQUITY DIVISION/ Commercial List
JUDGMENT OF : Gzell J
DECISION : Plaintiff entitled to judgment on claim subject to set-off. Principles upon which items in cross claim made out determined. Matter adjourned to enable parties to agree on quantum.
CATCHWORDS : CONTRACTS - General Contractual Principles - Offer and Acceptance - Whether mutual assent to contractual terms - Negotiations for contracts of delivery by plaintiff from defendant's warehouses of its customers' goods to consignees - Negotiations partly oral and partly in writing - Negotiations incomplete when deliveries commenced - What were the terms of the contract? - Whether plaintiff entitled to payment of outstanding invoices subject to equitable set-off - Whether defendant entitled under the contract for loss or deemed loss of goods by plaintiff - No principles involved
Trentham (G Percy) Ltd v Archital Luxfer Ltd [1993] 1 Lloyd's Rep 25 CASES CITED : Foxtel Management Pty Ltd v Seven Cable Television Pty Ltd (2000) 102 FCR 464 Branir v Owston Nominees (No 2) (2001) 117 FCR 424 Chitty on Contracts, 29th ed, Sweet & Maxwell, London, 2004
PARTIES : Allied Express Transport Pty Ltd - Plaintiff/Cross-Defendant BAX Global (Aust) Pty Ltd - Defendant/Cross-Claimant
FILE NUMBER(S) : SC 50001/06
COUNSEL : Mr T Davie - Plaintiff/Cross-Defendant Mr J Lockhart - Defendant/Cross-Claimant
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