Santos Coffee Company Pty Limited v Direct Freight Express Pty Ltd (No 2) [2010] NSWCA 77

New South Wales Court of Appeal

CITATION: Santos Coffee Company Pty Limited v Direct Freight Express Pty Ltd (No 2) [2010] NSWCA 77

HEARING DATE(S): On the papers

JUDGMENT DATE: 30 April 2010

JUDGMENT OF: Allsop P at 1; Giles JA at 1; Handley AJA at 1

1. Appeal allowed. 2. The orders of the District Court made on 31 October 2008 and 7 November 2008 be set aside and in lieu thereof: DECISION: (a) There be judgment for the plaintiff (Santos) against the defendant (Direct) to take effect as at 5 March 2010 in the sum of $1,664.74 including interest up to 5 March 2010 and judgment for Direct against Santos to take effect as at 5 March 2010 in the sum of $21,107.21 including interest up to 5 March 2010, such judgments to be set off. (b) Direct pay half Santos' costs up to 7 August 2008 on a party / party basis and thereafter each party bear its own costs. 3. Subject to order 4, each party bear its own costs of the appeal. 4. Dismiss the notice of motion dated 3 March 2010, with costs.

LEGISLATION CITED: Civil Procedure Act 2005 (NSW) s 60

CATEGORY: Consequential orders

Alderslade v Hendon Laundry [1945] KB 189 Anderson v G H Mitchell & Sons Ltd [1941] HCA 30; 65 CLR 543 Atlantic Shipping and Trading Co Ltd v Louis Dreyfus & Co [1922] 2 AC 250 CASES CITED: Bodruddaza v Minister for Immigration and Multicultural Affairs [2007] HCA 14; 228 CLR 651 Darlington Futures Ltd v Delco Australia Pty Ltd [1986] HCA 82; 161 CLR 500 Davis v Pearce Parking Station Pty Ltd [1954] 91 CLR 642 Smith v ANL Limited [2000] HCA 58; 204 CLR 493 The Council of the City of Sydney v West [1965] HCA 68; 114 CLR 481