Slattery Auctions Australia Pty Ltd trading as Slattery Auctions and Valuations (ABN 17 091 324 480) v James aka Roddom [2016] NSWDC 240

District Court New South Wales

Medium Neutral Citation: Slattery Auctions Australia Pty Ltd trading as Slattery Auctions and Valuations (ABN 17 091 324 480) v James aka Roddom [2016] NSWDC 240 Hearing dates: 6 September 2016 Date of orders: 06 September 2016 Decision date: 06 September 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) On the application of the plaintiff and with the consent of the defendant, grant leave to the plaintiff to file an Amended Statement of Claim adding the additional phrase "aka Daryll James Roddom" to the defendant's name, and dispense with service. (2) Judgment for the plaintiff against the defendant for $232,783.70. (3) Defendant is to pay the plaintiff's costs as agreed or assessed. (4) Exhibits retained for 28 days. Catchwords: CONTRACT – breach of contract – plaintiff purchases items totalling $849,250 at auction and fails to pay by the due date in the Terms of Sale – whether defendant acting as agent for another – whether terms and conditions of the auction drawn to the defendant's attention – defence of "honest and reasonable mistake" – breach of contract established – quantum COSTS – no issue of principle Cases Cited: Chelmsford Auctions v Poole (1973) 1 QB 543 Ex Parte Hartop (1806) 33 ER 132 HJ Lyons & Sando Limited v Houlson (1963) SASR 29 Lamond v. Duvall, 9 Q. B. 1030 Maclean v Dunn (1828) 4 Bing 722 Sau Yin Kwan v Eastern Insurance Co Limited (1994) 2 AC 199 Teheran-Europe Co Ltd v S T Belton Tractors Ltd [1968] 2 QB 545 Toll Pty Limited v Alphapharm Pty Limited (2004) 219 CLR 165 Category: Principal judgment Parties: Plaintiff: Slattery Auctions Australia Pty Ltd trading as Slattery Auctions and Valuations (ABN 17 091 324 480) Defendant: Daryll James aka Daryll James Roddom Representation: Counsel: Plaintiff: Mr D Neggo Defendant: Mr D James (in person) with Mr W Ison (as McKenzie friend)