Airloom Holdings Pty Ltd v Thales Australia Ltd [2011] NSWSC 1513

Supreme Court New South Wales

Medium Neutral Citation: Airloom Holdings Pty Ltd v Thales Australia Ltd [2011] NSWSC 1513 Hearing dates: 9 June 2011 Decision date: 14 December 2011 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The judgment of her Honour Madgwick LCM dated 26 April 2010 is varied to the extent that the defendant is to pay the plaintiff an additional $1,100, such that total damages payable are $12,100. (2) The second further amended summons dated 9 June 2011 is otherwise dismissed. (3) The cross appeal is dismissed. (4) Costs are reserved. Catchwords: APPEAL FROM LOCAL COURT - contract not validly terminated - award of damages - whether Magistrate erred in law in assessing plaintiff's damages - whether GST payable on damages considered in the Local Court

CONTRACT - relief - damages - whether plaintiff entitled to expectation damages -principles of expectation and reliance damages Legislation Cited: A New Tax System (Goods and Services Tax) Act 1999 (Cth) Local Court Act 2007 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Commonwealth of Australia v Amann Aviation Pty Ltd (1991) 174 CLR 64 House v R (1936) 55 CLR 499 Howe v Teefy (1927) SR NSW 301 Leichhardt Municipal Council v Green [2004] NSWCA 341 JLW (Vic) Pty Ltd v Tsiloglou [1994] 1 VR 237 Jones v Bradley (No 2) [2003] NSWCA 258 Robinson v Harman (1848) 1 Exch 850 at 855 Texts Cited: Corbin on Contracts, vol 5 (1964) Australian Tax Office, Tax Ruling GSTR2001/4 (12 November 2008) Category: Principal judgment Parties: Airloom Holdings Pty Ltd (Plaintiff) Thales Australia Limited (Defendant) Representation: A Connolly (Plaintiff) A J Bulley (Defendant) JSM Lawyers (Plaintiff) General legal counsel for Thales Australia Limited (Defendant) File Number(s): 2010/98363 Decision under appeal Before: Madgwick LCM File Number(s): 2008/6018