NSW Caselaw
New South Wales Court of Appeal
CITATION: Bull v Lee [2009] NSWCA 215 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 16 July 2009
JUDGMENT DATE: 28 July 2009
JUDGMENT OF: Allsop P at 1; Campbell JA at 2; Young JA at 55
DECISION: Appellants entitled to judgment, for an amount much less than they sought, with costs of the trial not exceeding costs recoverable in Local Court. Each party to bear own costs of appeal, respondent to have Suitors' Fund certificate.
CATCHWORDS: CONTRACTS – Whether agreement void because terms unclear, ambiguous and internally inconsistent – construction of amount due under agreement – whether quoting a price "including interest" at a particular rate imposes obligation to pay interest at that rate – COSTS – of trial when District Court proceedings results in judgment for amount well within jurisdictional limit of Local Court – of appeal when parties sue on legally incoherent agreement and over-claim.
Civil Procedure Act 2005 LEGISLATION CITED: Local Courts Act 1982 Suitors' Fund Act 1951
CATEGORY: Principal judgment
CASES CITED: Brendan Alex Bull & Kathleen Ann Bull v Heny Xueheng Lee (NSW District Court, 4 June 2008, unreported) Young v Queensland Trustees Ltd (1956) 99 CLR 560
Brendan Alex Bull (First Appellant) PARTIES: Kathleen Ann Bull (Second Appellant) Heny Xueheng Lee (Respondent)
FILE NUMBER(S): CA 40275/08
COUNSEL: D Ash (Appellants) FS Santisi (Respondent)
SOLICITORS: Caldwell Martin Cox, Camden (Appellants) JN Legal, Bankstown (Respondent)
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