Southern Sheet & Coil Pty Limited v Portacomm Building Systems Pty Limited [2013] NSWSC 38

Supreme Court New South Wales

Medium Neutral Citation: Southern Sheet & Coil Pty Limited v Portacomm Building Systems Pty Limited [2013] NSWSC 38 Hearing dates: 16-23 April, 27 April, 30 April, 1-4 May, 10 May, 14-22 May, 18-19 June 2012 Decision date: 05 February 2013 Before: Hislop J Decision: 1.Judgment for the plaintiff against the first and second defendants for $2,067,429.12. 2.The defendants to pay the plaintiff's costs as agreed or assessed up to 13 March 2012 and for the defendants to pay the plaintiff's costs on an indemnity basis from 14 March 2012. 3.Judgment for the cross defendant (plaintiff) on the cross claim. 4.The cross claimant (first defendant) to pay the cross defendant's costs of and related to the cross claim as agreed or assessed up to 13 March 2012 and the cross claimant (first defendant) to pay the cross defendant's costs of and related to the cross-claim on an indemnity basis from 14 March 2012. Catchwords: Contracts - sale of goods - failure to pay - guarantee - cross claim - Sale of Goods Act 1923 - sale by description - Trade Practices Act 1997 - misleading or deceptive conduct - misrepresentation Legislation Cited: Sale of Goods Act 1923 Competition and Consumer Act 2012 Trade Practices Act 1997 Civil Procedure Act 2005 Evidence Act 1995 Cases Cited: Deanplan Limited v Mahmoud (1993) Ch 151 at 170 James v Surf Road Nominees Pty Limited [2004] NSWCA 475 at [41] Commercial Bank of Tasmania v Jones [1893] AC 313 at 316 Category: Principal judgment Parties: Southern Sheet & Coil Pty Limited (Plaintiff) Portacomm Building Systems Pty Limited (1st Defendant) Ralph Keller (2nd Defendant)