Mushroom Composters v IS & DE Robertson Family Trust [2014] NSWSC 164

Supreme Court New South Wales

Medium Neutral Citation: Mushroom Composters v IS & DE Robertson Family Trust [2014] NSWSC 164 Hearing dates: 10/02/2014, 11/02/2014, 12/02/2014, 13/02/2014 and 14/02/2014 Decision date: 04 March 2014 Jurisdiction: Equity Division Before: McDougall J Decision: Plaintiff succeeds in part on its claim. Defendant succeeds in part on its cross-claim. Parties to bring in draft orders. Stand over for directions. Catchwords: CONTRACT - general contractual principles - offer and acceptance - where offer and acceptance analysis is neither necessary nor sufficient - whether contract made and if so on what terms

CONTRACT - general contractual principles - offer and acceptance - the use of post contractual conduct and admissions - whether post contractual conduct may be relevant to prove whether a contract was made - whether post contractual conduct may be relevant to prove the terms of a contract - whether post contractual conduct may be relevant to prove an admission of the existence of a contract or the terms of a contract - whether a general manager has authority to make admissions with respect to the existence or terms of a contract - whether a director has authority to make admissions with respect to the existence or terms of a contract

CONTRACT - general contractual principles - construction and interpretation of contracts - construing the terms of a contract from the whole of the material - construing terms of a contract where it is partly written and partly oral

CONTRACT - breach of contract - damages - calculating damages for loss of benefit of a contract Cases Cited: Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Hendriks v McGeoch [2008] NSWCA 53 County Securities Pty Ltd v Challenger Group Holdings Pty Ltd [2008] NSWCA 193 Ferguson v John Dawson & Partners (Contractors) Ltd [1976] 1 WLR 1213 Cooper v Hobbs [2013] NSWCA 70 Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Category: Principal judgment Parties: Mushroom Composters Pty Ltd (Plaintiff/Cross Defendant) IS & DE Robertson Family Trust (Defendant/Cross Claimant) Representation: Counsel: GA Sirtes SC / SJ Duggan (Plaintiff/Cross Defendant) B F Katekar (Defendant/Cross Claimant) Solicitors: Curtis Delaney Gray (Plaintiff) Henry Davis York (Defendant) File Number(s): 2011/20925