NSW Caselaw
New South Wales Supreme Court
CITATION : Primus Telecommunications Pty Limited v Kooee Communications Pty Limited & Anor [2007] NSWSC 374
HEARING DATE(S) : 13/04/07
JUDGMENT DATE : 20 April 2007
JURISDICTION : Equity Division Commercial List
JUDGMENT OF : Einstein J
DECISION : Parties to bring in short minutes.
CATCHWORDS : Set-off - Interest - Costs
AWA Ltd v Exicom Australia Pty Ltd (1990) 19 NSWLR 705 CASES CITED : D Galambos & Son Pty Ltd v McIntyre (1974) 5 ACTR 10 Tooth & Co v Smith (unreported, Supreme Court of New South Wales, Clarke J, 5 September 1984)
Primus Telecommunications Pty Limited (Plaintiff) PARTIES : Kooee Communications Pty Limited (First Defendant) SP Telemedia Limited (Second Defendant)
FILE NUMBER(S) : SC 50004/06
COUNSEL : Mr R Garratt QC, Mr D Priestley (Plaintiff) Mr J Duncan (Defendants)
SOLICITORS : Browne & Co (Plaintiff) Sparke Helmore (Defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
Einstein J
Friday 20 April 2007
50004/06 Primus Telecommunications Pty Ltd v Kooee Communications Pty Limited & Anor JUDGMENT Outstanding issues 1 Following the delivery of the judgment [2007] NSWSC 91 there are a number of limited issues requiring to be determined. 2 The position was shortly summarised by the first defendant as follows:
What was in issue before the hearing
"Before the hearing, the plaintiff had unresolved claims in respect of:
i. Net Debtors - clause 2.3;
ii. Unbilled Revenue - clause 2.3;
ii. Primus' Costs - clause 6.
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