Moresload Pty Limited v Hebden Quarries Pty Limited [2012] NSWDC 28

District Court New South Wales

Medium Neutral Citation: Moresload Pty Limited v Hebden Quarries Pty Limited [2012] NSWDC 28 Hearing dates: 31 October 2011 Decision date: 07 February 2012 Before: Judge M Sidis Decision: 1 Verdict for the plaintiff. 2. The proceedings are adjourned to a date to be fixed to determine the quantum of the judgment to be entered in the plaintiff's favour and to deal with issues of interest and costs and, if necessary and permissible, transfer of the proceedings to the Supreme Court. Catchwords: CONTRACT: Whether contract formed and if so, its terms - consideration of pre and post contract conduct in the absence of ambiguity - credit- whether failure to provide feed rock to allow plaintiff to perform its part of the bargain constituted a breach of contract- construction of exclusion clause - methodology of assessment of damages Cases Cited: Franklins Pty Ltd v Metcash Trading Ltd (2009) 76 NSWLR 603 Codelfa Construction Pty Ltd v State Railway (NSW) [1982] HCA 24; (1982) 149 CLR 337 Royal Botanic Gardens and Domain Trust v South Sydney City Council [2002] HCA 5; (2002) 240 CLR 45 Jireh International Pty Ltd (t/as Gloria Jeans Coffees v Western Exports Services Inc [2011] NSWCA 137 Darlington Futures Ltd v Delco Australia Pty Ltd (1986) 161 CLR 500 Sydney Corporation v West (1965) 114 CLR 481 Category: Principal judgment Parties: Moresload Pty Limited (Plaintiffs)Hebden Quarries Pty Limited (Defendants) Representation: Mr R Taperell (For the Plaintiffs) Mr P Walsh (For the Defendants) Church & Grace Solicitors (For the Plaintiffs)Moray and Agnew (For the Defendants) File Number(s): 2009/00332958