Maksim (NSW) Pty Limited v Jantune Pty Limited [2013] NSWSC 1634

Supreme Court New South Wales

Medium Neutral Citation: Maksim (NSW) Pty Limited v Jantune Pty Limited [2013] NSWSC 1634 Hearing dates: 27/08/2013 Decision date: 11 November 2013 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) The appeal is dismissed. (2) The order of her Honour Magistrate McGlynn dated 24 April 2013 is affirmed. (3) The amended summons filed 12 July 2013 is dismissed. (4) The plaintiffs are to pay the first defendant's costs on an ordinary basis as agreed or assessed. Catchwords: APPEAL - appeal from Local Court - CONTRACT - interpretation of terms of contract - whether the Magistrate adopted the wrong methodology - implied terms - whether there was an implied term regarding supply of blocks Legislation Cited: Local Court Act 2007 Uniform Civil Procedure Rules 2005 Cases Cited: GH Myers & Co v Brent Cross Service Co [1934] 1 KB 46 McGinn v Ashfield Council [2012] NSWCA 238 Mitchell v Cullingral Pty Ltd [2010] NSWCA 389 Reg Glass Pty Ltd v Rivers Locking Systems (1968) 120 CLR 516 Swain v Waverley Municipal Council [2005] HCA 4; (2005) 220 CLR 517 Walsh v Parramatta City Council [2007] NSWLEC 255; (2007) 161 LGERA 118 Young & Marten Ltd v McManus Childs Ltd [1969] 1 AC 454 Category: Principal judgment Parties: Maksim (NSW) Pty Limited (First Plaintiff) Warwick Nott (Second Plaintiff) Jantune Pty Limited (First Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: M Cashion SC (First and Second Plaintiffs) E Petersen (First Defendant) Solicitors: Peter Merity Solicitor Pty Ltd (First and Second Plaintiffs) A C Knibb Kaine & Associates (First Defendant) File Number(s): 2013/155603 Decision under appeal Citation: Nil Date of Decision: 2013-04-24 00:00:00 Before: McGlynn LCM File Number(s): 2011/396036