Business Development Leaders Pty Ltd v Eslarn Holdings Pty Ltd [2009] NSWSC 1164

New South Wales Supreme Court

CITATION : Business Development Leaders Pty Ltd v Eslarn Holdings Pty Ltd [2009] NSWSC 1164

HEARING DATE(S) : 23-24 September 2009

JUDGMENT DATE : 3 November 2009

JUDGMENT OF : Gzell J

DECISION : Judgment for plaintiff for service fee plus interest plus cost.

CATCHWORDS : CONTRACTS - General Contractual Principles - Parties - defendants gave plaintiff a mortgage broker's irrevocable mandate to obtain short term loan - successful application in name of another broker with whose business the plaintiff had amalgamated - whether wrong plaintiff - whether obligations continue under mandate notwithstanding withdrawal of proposed lender - whether offer substantially similar to terms of mandate - mandate gross loan of $515,000 to give net loan of $400,000 - offer for $400,000 net - whether securities different - whether interest different - whether defendants liable to pay service fee in absence of written demand - whether demand sent by email effective - whether service fee irrecoverable because no tax invoice

LEGISLATION CITED : A New Tax System (Goods and Services Tax) Act 1999 (Cth) A New Tax System (Goods and Services Tax) Regulations 1999 (Cth)

CATEGORY : Principal judgment

CASES CITED : Troncone v Aliperti (1994) 6 BPR 13,291 Redglove Projects Pty Ltd v Ngunnawal Local Aboriginal Land Council [2004] NSWSC 880; (2004) 12 BPR 22,319

Business Development Leaders Pty Ltd (Plaintiff) Eslarn Holdings Pty Ltd (First Defendant) PARTIES : Jonathon Woodward Bedel Stanford (Second Defendant) Jeremy Chetwode Bedel Stanford (Third Defendant) Terence Lansdown (Fourth Defendant)