NSW Caselaw
New South Wales Supreme Court
CITATION : Mangrove Mountain Quarries Pty Limited v Barlow [2007] NSWSC 492
HEARING DATE(S) : 5, 6 and 7 March 2007
JUDGMENT DATE : 17 May 2007
JURISDICTION : Equity Division
JUDGMENT OF : Windeyer J at 1
DECISION : Defendants' termination of licence was justified and valid; plaintiff's summons dismissed.
CATCHWORDS : CONTRACTS – Breach – Material and non-material breaches by plaintiff – Notice of breach served on plaintiff – Plaintiff given period to remedy breaches – Incurable breaches – Material breaches not remedied – Notice of termination served on plaintiff – Whether notice of termination in good faith – Defendant acted reasonably in terminating contract despite his interest in termination
Alcatel Australia Ltd v Scarcella (1998) 44 NSWLR 349 Batson v De Carvalho (1948) 48 SR(NSW) 417; Burger King v Hungry Jacks Pty Ltd [2001] NSWCA 187; CASES CITED : L Schuler AG v Wickman Machine Tool Sales Ltd [1974] AC 235; Renard Constructions (ME) Pty Limited v Minister for Public Works (1992) 26 NSWLR 234; Waters Lane Pty Ltd v Sweeney [2006] NSWSC 222
Mangrove Mountain Quarries Pty Limited (Plaintiff) PARTIES : Ross Lloyd Barlow (First Defendant) Heather June Barlow (Second Defendant)
FILE NUMBER(S) : SC 4885 of 2006
COUNSEL : Mr G A Sirtes (Plaintiff) Mr S Coleman (Defendants)
SOLICITORS : Kemp Strang (Plaintiff) CBD Law (Defendants)
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
WINDEYER J
THURSDAY 17 MAY 2007
4885/06 MANGROVE MOUNTAIN QUARRIES PTY LIMITED V ROSS LLOYD BARLOW and HEATHER JUNE BARLOW
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