Cox Purtell Staffing Services Pty Ltd v Our Energy Group Pty Ltd [2017] NSWSC 1122

Supreme Court New South Wales

Medium Neutral Citation: Cox Purtell Staffing Services Pty Ltd v Our Energy Group Pty Ltd [2017] NSWSC 1122 Hearing dates: 11 May 2017 Date of orders: 24 August 2017 Decision date: 24 August 2017 Jurisdiction: Common Law Before: Walton J Decision: (1) The appeal is dismissed.

(2) Costs are reserved.

(3) In the event that the parties agree as to orders for costs, short minutes of order should be filed reflecting that agreement within 7 days of publication of this judgment. In the absence of agreement, the defendant shall file and serve a short submission in support of any application for costs within 14 days of publication of this judgment. The plaintiff shall file any submissions in reply within a further 14 days of service of those submissions by the defendant. If a party wishes to have an oral hearing in relation to the question of costs that contention should be incorporated in their submissions. Otherwise, the Court will determine any disputed question of costs on the papers. Catchwords: APPEAL – appeal from Local Court – question of law – precise grounds required – whether misapplied own findings – construction of pleadings – formation of contract – terms of contract – mutual assent – offer and acceptance – acceptance by conduct – express pleading required for implication of acceptance by conduct – whether parties agree to contest outside pleadings – discretion to permit case outside pleadings – failure to appeal refusal of amendment – questions raised by plaintiff answered in negative – single ground refused – appeal dismissed – costs reserved Legislation Cited: Local Court Act 2007 (NSW) Local Court Rules 2009 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: B & L Linings Pty Ltd v Chief Commissioner of State Revenue (2008) 74 NSWLR 481; [2008] NSWCA 187 Banque Commerciale SA, (In liq) v Akhill Holding Ltd (1990) 169 CLR 279; [1990] HCA 11 Brogden v Metropolitan Railway Co (1877) 2 App Cas 666 Chamseddine v R [2017] NSWCCA 176 Day Morris Associates v Voyce [2003] EWCA Civ 189 Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd (1988) 14 NSWLR 523 Hoist-up Pty Ltd v Heartland Motors Pty Limited [2015] NSWSC 903 House v The King (1936) 55 CLR 499; [1936] HCA 40 Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd (2008) 73 NSWLR 653; [2008] NSWCA 206 Integrated Computer Services Pty Ltd v Digital Equipment Corp (Aust) Pty Ltd (1988) 5 BPR 97, 326 International Fashion Group Pty Ltd v Johnco Imports Pty Ltd [2014] NSWSC 60 Issa v Australian Alliance Insurances Co Ltd t/as Shannons Insurance [2017] NSWCA 87 Kriketos v Livschitz (2009) 14 BPR 26, 717; [2009] NSWCA 96 Laidlaw v Hillier Hewitt Elsley Pty Ltd [2009] NSWCA 44 Madden's Stable Bedding Pty Ltd v Reid [2014] NSWSC 554 Orio Holdings Pty Ltd v Costi & Co (No 1) [2007] SASC 403 Texts Cited: Practice Note No SC CA 1 Category: Principal judgment Parties: Cox Purtell Staffing Services Pty Ltd (Plaintiff) Our Energy Group Pty Ltd (Defendant) Representation: Counsel: B Phillips (Plaintiff) A Gerard (Defendant)