NSW Caselaw
New South Wales Supreme Court
CITATION : Pioneer Computers Australia Pty Ltd v Tech Precision Pty Ltd [2009] NSWSC 395
HEARING DATE(S) : 6 February 2009
JUDGMENT DATE : 22 May 2009
JURISDICTION : Common Law
JUDGMENT OF : Hislop J at 1
I make the following orders: 1. Plaintiff's appeal dismissed. 2. Defendant's cross-appeal as to interest allowed. 3. Defendant's cross-appeal as to the costs order in favour of the plaintiff in the court below dismissed. DECISION : 4. The plaintiff is to pay the costs of the appeal and cross-appeal. 5. The parties are to furnish to my associate by 4.00pm on Friday 29 May 2009 a joint memorandum as to: a. the agreed interest to be included in the judgment on the cross-claim b. the judgments to be entered for the defendant (i) on its cross-claim (ii) after set-off of the plaintiff's verdict c. confirming that the parties consent to the judgments being entered by me in chambers.
CATCHWORDS : LOCAL COURT – appeal – contract – construction of terms
Civil Procedure Act 2005 LEGISLATION CITED : Local Courts Act 1982 Uniform Civil Procedure Rules
CATEGORY : Principal judgment
Australian Broadcasting Commission v Australasian Performing Rights Association Ltd [1973] HCA 36; (1973) 129 CLR 99 CASES CITED : Chocolate Factory Apartments v Westpoint Finance [2005] NSWSC 784 Keefe v Marks (1989) 16 NSWLR 713 Pioneer Shipping Ltd v BTP Tioxide Ltd [1982] AC 724
PARTIES : Pioneer Computers Australia Pty Ltd (Plaintiff) Tech Precision Pty Ltd (Defendant)
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