Cielo v Farnsworth [2016] NSWLC 14

Local Court New South Wales

Medium Neutral Citation: Cielo v Farnsworth [2016] NSWLC 14 Hearing dates: 1 August 2016 Decision date: 05 August 2016 Jurisdiction: Civil Before: Dunlevy LCM Decision: Verdict for the defendants Catchwords: CONTRACTS – objective theory of contract – identification of parties – fact finding prior to application of objective assessment Cases Cited: Ashglow Pty Ltd as Trustee for Ashglow Trust v Castano [2008] NSWLC 29 Carminco Gold and Resources Pty Ltd v Findlay & Co Stockbrokers (Underwriters) Pty Ltd [2007] FCAFC 194 Pethybridge v Stedikas Holdings Pty Ltd [2007] NSWCA 154 Ryledar Pty Ltd v Euphoric Pty Ltd [2007] NSWCA 65 Texts Cited: Bowstead and Reynolds, Agency (18th ed 2006, Sweet & Maxwell) Category: Principal judgment Parties: Cielo, Marco and Robyn t/as MC Bin Supplies (plaintiffs) Farnsworth, Dorothy and Robert t/as R.J. & D.M. Farnsworth (defendants) Representation: Solicitors: Mr Wolfe for the plaintiff

Defendants in person File Number(s): 2015/213015

Judgment

Introduction 1. This is an action commenced by way of a statement of claim that was filed in the registry of Wentworth Local Court on 21 July 2016. A defence was filed on 15 September and then an amended statement of claim was filed on 21 April 2016. No defence was filed in relation to the amended statement of claim, but it is common ground that all of the issues between the parties were appropriately addressed by the original defence. 2. The proceedings were heard by me on 1 August 2016 and concluded after-hours. Given that fact, and the complexity of some of the issues, I felt it appropriate to reserve my decision. Having heard all of the evidence and having had regard to the submissions of the parties I now deliver my judgment.