Screenmasters Australia Pty Ltd v Key Recruitment Pty Ltd [2013] NSWSC 1569

Supreme Court New South Wales

Medium Neutral Citation: Screenmasters Australia Pty Ltd v Key Recruitment Pty Ltd [2013] NSWSC 1569 Hearing dates: 24/10/2013 Decision date: 31 October 2013 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) The appeal is upheld. (2) The decision of his Honour Magistrate Curran dated 18 December 2012 is set aside. (3) The defendant is to pay the plaintiff the sum of $21,102.40 plus interest to be calculated. (4) The defendant is to pay the plaintiff's costs as agreed or assessed. Catchwords: APPEAL - appeal from Local Court -CONTRACT - interpretation of contract - terms of contract - whether there was a breach of contract - whether guarantee in the contract has been discharged Legislation Cited: Local Court Act 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Egan v Static Control Components (Europe) Ltd [2004] 2 Lloyd's Rep 429 McCann v Switzerland Insurance Australia Ltd (2000) 203 CLR 579 Swain v Waverley Municipal Council [2005] HCA 4; (2005) 220 CLR 517 Category: Principal judgment Parties: Screenmasters Australia Pty Ltd (Plaintiff) Key Recruitment Pty Ltd (Defendant) Representation: Counsel: M Hutchings (Plaintiff) Solicitors: McIntosh McPhillamy & Co (Plaintiff) File Number(s): 2013/16729 Publication restriction: Nil Decision under appeal Citation: Nil Date of Decision: 2012-12-18 00:00:00 Before: Curran LCM File Number(s): 2011/92060