Hanson Construction Materials Pty Ltd v Siely Pty Ltd [2009] NSWCA 48

New South Wales Court of Appeal

CITATION: Hanson Construction Materials Pty Ltd v Siely Pty Ltd [2009] NSWCA 48

HEARING DATE(S): 2 March 2009

JUDGMENT DATE: 16 March 2009

JUDGMENT OF: Ipp JA at 1; Macfarlan JA at 67; Sackville AJA at 68

(a) The appeal succeeds and the cross appeal succeeds. (b) The verdict and judgment for the respondent in the sum of $216,156 is set aside. DECISION: (c) The respondent to have a verdict and judgment in the sum of $66,000. (d) The respondent to have interest on the sum of $66,000 at the rate of 10 percent per annum from 7 August 2006 to date of payment. (e) The respondent to pay the appellant's costs of the appeal and the appellant to pay the respondent's costs of the cross appeal. (f) Both parties to have certificates under the Suitor's Fund Act 1951 if otherwise entitled.

CATCHWORDS: CONTRACTS - general contractual principles - discharge, breach and defences to action for breach - independent contract - whether termination of contract lawful - whether serious misconduct - relevance of terminating party's subjective belief - whether quantum of damages excessive

LEGISLATION CITED: Suitor's Fund Act 1951

CATEGORY: Principal judgment

CASES CITED: Shepherd v Felt & Textiles of Australia Limited (1931) 45 CLR 359

PARTIES: Hanson Construction Materials Pty Ltd (Appellant) K H Siely Pty Ltd (Respondent)

FILE NUMBER(S): CA 40217/08

COUNSEL: A P Stenmark SC with Y Shariff (Appellant) JJE Fernon SC with TJ Boyd (Respondent)

SOLICITORS: Mark Diamond & Associates (Appellant) Herbert Weller (Respondent)