Boral Ltd v Foley & Bear Pty Ltd trading as J & R Industries; Foley & Bear Pty Ltd trading as J & R Industries v Boral Ltd [2015] NSWDC 240

District Court New South Wales

Medium Neutral Citation: Boral Ltd v Foley & Bear Pty Ltd trading as J & R Industries; Foley & Bear Pty Ltd trading as J & R Industries v Boral Ltd [2015] NSWDC 240 Hearing dates: 23-26 February 2015; 5 March 2015; 4 May 2015 Decision date: 23 June 2015 Jurisdiction: Civil Before: Cogswell SC DCJ Decision: (1) In the Local Court proceedings, a finding in favour of Boral Ltd against J & R Industries and Stephen George Bear. (2) In the District Court proceedings, a verdict and judgment for J & R Industries against Boral Ltd in the amount claimed. Catchwords: CIVIL LAW – contract – breach of contract – supply of goods – whether document a credit agreement or supply agreement – terms and conditions incorporated by course of dealings – whether product supplied fit for the purpose for which it was ordered – causation of damages – whether novus actus – whether damages claimed made out – correct measure of damages

EVIDENCE – expert evidence on behaviour of concrete

PROCEDURE – conduct of litigation – whether correct corporate entity sued – resolution of the real issues in proceedings – additional issues raised lacking merit Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), r 14.14(2) Sale of Goods Act 1923 (NSW), s 19 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1987) 9 NSWLR 310 Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd [2008] NSWCA 243 Tabcorp Holdings v Bowen Investments Pty Ltd (2009) 236 CLR 272 Category: Principal judgment Parties: Local Court Proceedings: