Quality Bakers Australia Pty Ltd v Yassin Modern Bakery Pty Ltd (trading as Yassin Lebanese Bakery) [2007] NSWSC 804

New South Wales Supreme Court

CITATION : Quality Bakers Australia Pty Ltd v Yassin Modern Bakery Pty Ltd (trading as Yassin Lebanese Bakery) [2007] NSWSC 804

HEARING DATE(S) : 22 May 2007 JURISDICTION : Equity Division Duty List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 22 May 2007

DECISION : Plaintiff entitled to summary disposal.

CATCHWORDS : PROCEDURE: - Miscellaneous procedural matter – summary judgment – judgment on admissions – requirement for evidence of belief in absence of defence – where all allegations admitted in default of filing defence.

LEGISLATION CITED : (NSW) Uniform Civil Procedure Rules 2005, r 13.1, r 17.7

Brambles Australia Ltd t/as CHEP Australia v Tatale Pty Limited (2004) Aust Tort Reports 81-759 CASES CITED : Capital Finance Co Limited v Bray [1964] 1 WLR 323; 1 All ER 603 Hawker Noyes Equipment Pty Limited v Dueeasy Pty Limited (NSWCA, Meagher, Sheller and Cole JJA, 18 July 1996, unreported) Long Leys Co Pty Ltd v Silkdale Pty Ltd (1991) 5 BPR 11,512

PARTIES : Quality Bakers Australia Pty Ltd (plaintiff) Yassin Modern Bakery Pty Ltd (defendant)

FILE NUMBER(S) : SC 2186/07

COUNSEL : M Condon (plaintiff)

SOLICITORS : Sparke Helmore (plaintiff)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY LIST

BRERETON J

Tuesday, 22 May 2007

2186/07 Quality Bakers Australia Pty Limited v Yassin Modern Bakery Pty Limited (trading as Yassin Lebanese Bakery) JUDGMENT (ex tempore) 1 HIS HONOUR: By Statement of Claim filed on 10 April 2007 the plaintiff Quality Bakers Australia Pty Limited sues the defendant Yassin Modern Bakery Pty Limited for detention of goods, those goods being large plastic crates used by the plaintiff for the purpose of delivering the bread that it manufactures to its customers.