NSW Caselaw
New South Wales Supreme Court
CITATION : Fortune Food Manufacturer Pty Ltd v K Young Trading Pty Ltd [2010] NSWSC 407 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 4 May 2010
JUDGMENT DATE : 2 June 2010
JUDGMENT OF : Davies J
DECISION : (1) Extend time to 30 September 2009 for the filing of the Summons commencing an appeal. (2) Appeal allowed. (3) Judgment of the Court below be set aside. (4) Judgment for the Plaintiff against the First and Second Defendants in the amount of $60,056.55. (5) The Defendants are to pay the Plaintiff's costs of the appeal and in the Court below. (6) The Defendants are to have a certificate under the Suitors Fund Act 1951 if so entitled.
CATCHWORDS : APPEAL - from Local Court - need to show error of law - what amounts to an error of law - findings of primary fact - no evidence to support findings - inferences which cannot reasonably be drawn from evidence - claim for debt - agreement to offset supply of products - whether products supplied referable to the debt or to new contract.
LEGISLATION CITED : Local Court Act 2007 Suitors Fund Act 1951
CATEGORY : Principal judgment
Akmeemana v Murray & ors [2009] NSWSC 979 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Edlin v Williams [2000] ANZ ConvR 43 CASES CITED : Instrumatic Ltd v Supabrase Ltd [1969] 1WLR 519 Murphy v Timms [1987] 2 Qd R 550 Palindrome Holdings Pty Ltd v Wass [2009] NSWSC 797 R L & D Investments Pty Ltd v Bisby [2002] NSWSC 1082; (2002) 37 MVR 479 US Manufacturing Co Pty Ltd v ABB Service Pty Ltd [2008] NSWSC 705
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate