Palin v Vetterli [2013] NSWSC 893

Supreme Court New South Wales

Medium Neutral Citation: Palin v Vetterli [2013] NSWSC 893 Hearing dates: 25 March 2013, 26 March 2013, 27 March 2013, 28 March 2013, 2 April 2013 Decision date: 08 July 2013 Jurisdiction: Common Law Before: Schmidt J Decision: Judgment for the Vetterlis. The parties should confer on the final calculation of the damages and should file proposed short minutes of the orders to be made within 21 days. The orders should include an order that: All exhibits and subpoenaed material may be returned forthwith; any exhibits returned must be retained intact by the party or person that produced the material until the expiry of the time to file an appeal, or until any appeal has been determined. The usual order as to costs is that they follow the event. That would be an order that the Palins bear the Vetterlis' costs, as agreed or assessed. If the parties wish to be heard on the question of costs, they should approach. Catchwords: CONTRACTS - sale of wholesale bakery business - three agreements - sale of business, lease and chattel mortgage - breach of lease - misrepresentations - breach of collateral contract - misleading and deceptive conduct - unconscionable conduct in relation to business title and bread contract - whether plaintiff's son a co-owner of business when sold - established - whether defendants obtained good title to the business - nemo dat rule - bread contract for the supply of bread - good faith - misrepresentation as to contract terms established - defendants entered contract while relying on misrepresentations - damages - orders

EVIDENCE - witnesses - credibility and reliability of evidence