NSW Caselaw
New South Wales Supreme Court
CITATION : Netforce Pty Ltd v ITC Group Pty Ltd [2010] NSWSC 443
HEARING DATE(S) : 10 May 2010
JUDGMENT DATE : 11 June 2010
JURISDICTION : Administrative Law List
JUDGMENT OF : Davies J
DECISION : 1.The appeal is allowed. 2. The judgment and orders of the court below are set aside. 3. In lieu thereof, judgment is entered for the Plaintiff in the sum of $23,022.17. 4. The Defendant is to pay the Plaintiff's costs of the hearing below on the ordinary basis up to and including 27 March 2009, and on an indemnity basis from and including 28 March 2009. 5. The Defendant is to pay the Plaintiff's costs of these proceedings on the ordinary basis up to and including 13 November 2009, and on an indemnity basis from and including 14 November 2009. 6. The Defendant is to have a Certificate under the Suitor's Fund if otherwise entitled.
CATCHWORDS : CONTRACTS - general contractual principles - discharge, breach and defences to action for breach - whether innocent party elected to continue in contractual arrangement - mitigation - claim for liquidated sum - no obligation to mitigate. APPEAL - appeal from inferior Court - obligation to provide reasons - need for error of law to be found.
LEGISLATION CITED : Fair Trading Act 1987 Trade Practices Act 1974 (Cth)
CATEGORY : Principal judgment
Amann Aviation Pty Ltd v Commonwealth of Australia (1990) 92 ALR 601 Arturi v Zupps Motors Pty Ltd (1980) 33 ALR 243 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Campbelltown City Council v Vegan (2006) 67 NSWLR 372 Fortune Food Manufacturer Pty Ltd v K Young Trading Pty Ltd [2010] NSWSC 407 CASES CITED : Hexiva Pty Ltd v Lederer [2006] NSWSC 1129 Immer (No 145) Pty Ltd v The Uniting Church in Australia Property Trust (NSW) (1993) 182 CLR 26 Instrumatic Ltd v Supabrase Ltd [1969] 1WLR 519 Sasterawan v Morris [2008] NSWCA 70 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 US Manufacturing Co Pty Ltd v ABB Service Pty Ltd [2008] NSWSC 705
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