Current Images Pty Limited v Dupack Pty Limited [2012] NSWCA 99

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Current Images Pty Limited v Dupack Pty Limited [2012] NSWCA 99 Hearing dates: 30 November 2011 Decision date: 20 April 2012 Before: Bathurst CJ at [1]; Macfarlan JA at [76]; Sackville AJA at [77] Decision: (1)Appeal allowed. (2)Orders 1 and 2 of the orders made by the primary judge on 11 March 2011 set aside. (3)Judgment for the appellant against the respondent for $157,947. (4)Direct the appellant within 14 days to make submissions: (a)As to the calculation of interest on the judgment sum. (b)The appropriate order for costs of the proceedings. (5)Direct the respondent within a further 14 days to make such submissions in reply it may wish to make on the matters referred to in pars 4(a) and (b) above. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CONTRACT - construction - whether primary judge erred in considering post-contractual conduct and subjective intention of parties

CONTRACT - construction - incorporated terms - whether terms incorporated in error or contradict express terms in principal agreement

CONTRACT - termination - repudiation - date of repudiation on which claim arose