Fryer Holdings v Liaoning MEC Group [2012] NSWSC 18

Supreme Court New South Wales

Medium Neutral Citation: Fryer Holdings v Liaoning MEC Group [2012] NSWSC 18 Hearing dates: 30 January 2012 Decision date: 30 January 2012 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: Plaintiff entitled to judgment for $1,830,954.50 and interest. Stand over for draft orders to be brought in. Catchwords: CONTRACT - identifying terms of contract - what terms were implied in the contract from the United Nations Convention on Contracts for the International Sale of Goods (CISG) - whether goods supplied were fit for purpose and of merchantable quality - whether implied warranty of fitness for purpose had been breached - whether circumstances of termination had any direct relevance to the quantification of damages - DAMAGES - contract - assessment of damages - whether direct losses were sustained - whether indemnity for compensation could be claimed - whether plaintiff could claim damages for loss of profit due to breach. Legislation Cited: Evidence Act 1995 (NSW) Sale of Goods (Vienna Convention) Act 1986 (NSW) Cases Cited: Australian Knitting Mills Ltd v Grant (1933) 50 CLR 387 Castel Electronics Pty Ltd v Toshiba Singapore Pte Ltd [2010] FCA 1028 Category: Procedural and other rulings Parties: Fryer Holdings Pty Ltd (In Liquidation) (Plaintiff) (ABN 75 084 185 017) Liaoning MEC Group Co Ltd (First Defendant) Xuzhou Rutai Glass Product Co Ltd (Second Defendant) Representation: Counsel: D Edney (Solicitor) (Plaintiff) Solicitors: MCW Lawyers (Plaintiff) File Number(s): 2008/290587