Charles Parsons & Co Pty Ltd v Express Publications Pty Ltd; Express Publications Pty Ltd v Charles Parsons & Co Pty Ltd (No 3) [2017] NSWSC 1086

Supreme Court New South Wales

Medium Neutral Citation: Charles Parsons & Co Pty Ltd v Express Publications Pty Ltd; Express Publications Pty Ltd v Charles Parsons & Co Pty Ltd (No 3) [2017] NSWSC 1086 Hearing dates: 2 – 4, 7 and 9 August 2017 Decision date: 17 August 2017 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Plaintiff entitled to judgment on its claim; cross-claim to be dismissed Catchwords: CONTRACTS –– oral distribution agreement – whether an implied term that cross-defendant would ensure it obtained secure and reliable supply of stock and keep sufficient stock on hand to ensure that orders placed by cross-claimant were met; EVIDENCE – whether cross-claimant proved it had placed orders in excess of stock supplied Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Charles Parsons & Co Pty Ltd v Express Publications Pty Ltd; Express Publications Pty Ltd v Charles Parsons & Co Pty Ltd [2017] NSWSC 1031 Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 County Securities Pty Ltd v Challenger Group Holdings Pty Ltd [2008] NSWCA 193 Hearse v Staunton [2011] NSWCA 139 Liverpool City Council v Irwin [1977] AC 239 Category: Principal judgment Parties: Charles Parsons & Co Pty Ltd (Plaintiff/Cross-Defendant) Express Publications Pty Ltd (First Defendant/Cross-Claimant) 4WD & Outdoor Supacentre Pty Ltd (Second Defendant/Cross-Claimant) Charles John Vella (Third Defendant) Representation: Counsel: E Glover (Plaintiff/Cross-Defendant) B Katekar with E Tringali (Defendants/Cross-Claimants)