NSW Caselaw
New South Wales Court of Appeal
CITATION: Santos Coffee Company Pty Ltd v Direct Freight Express Pty Ltd [2010] NSWCA 14
HEARING DATE(S): 2 February 2010
JUDGMENT DATE: 18 February 2010
JUDGMENT OF: Allsop P at 1; Giles JA at 1; Handley AJA at 1
On or before 5 March 2010 the parties file: DECISION: (1) an agreed draft short minute of order or, failing agreement, competing draft short minutes of order to give effect to these reasons and (2) submissions as to costs below and on appeal.
CATCHWORDS: CONTRACT - construction and interpretation of contracts - limitation clauses - whether any or both of two relevant limitation clauses in the relevant contracts applied
CATEGORY: Principal judgment
Atlantic Shipping & Trading Co Ltd v Louis Dreyfus & Co [1922] 2 AC 250 Devaynes v Noble (1816) 1 Mer 572; ER 35 781 (Clayton's Case) Coulton v Holcombe [1986] HCA 33; 162 CLR 1 CASES CITED: Nash v Hodgson (1855) 6 De GM & G 474; 43 ER 1318 Re Footman Bower & Co [1961] 1 Ch 443 Smeaton Hanscombe & Co Ltd v Sassoon I Serty, Son & Co [1953] 1 WLR 1468 The 'Auditor' (1924) 18 Lloyd's List Law Rep 402 and 464
A McGee Limitation Periods (5th ed 2006 Sweet & Maxwell) TEXTS CITED: B G Coote Exception Clauses (1964 Sweet & Maxwell) D Oughton et al Limitation of Actions (1998 LLP) P R Handford Limitation of Actions; the Laws of Australia (2nd ed 2007 Thomson Lawbook Co)
PARTIES: Santos Coffee Company Pty Ltd Direct Freight Express Pty Ltd
FILE NUMBER(S): CA 298107/2009
COUNSEL: Mr D Bennett QC, Mr J P Donohoe (Appellant) Mr E White (Respondent)
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