NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Oohira Hausys Pty Ltd v Yerim Australia Pty Ltd [2017] NSWDC 366 Hearing dates: 24 October 2017 – 26 October 2017; 11 December 2017 Date of orders: 14 December 2017 Decision date: 14 December 2017 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Judgment for the defendants in relation to the Amended Statement of Claim. The Amended Statement of Claim is dismissed; (2) Judgement for the plaintiff/cross-defendant in relation to the Cross-Claim. The Cross-Claim is dismissed; (3) Liberty to the parties to apply in relation to the question of costs. (4) Exhibits to be returned after 28 days. Catchwords: Contract – oral contracts - pre-incorporation contracts – whether contract intended to be immediately binding - relevant category of Masters v Cameron
Company law – pre-incorporation contracts – Section 131 of the Corporations Act 2001 Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Yangdo Pty Ltd v Equiti Group Pty Ltd [2017] NSWDC 277 Masters v Cameron (1954) 91 CLR 353 Category: Principal judgment Parties: Oohira Hausys Pty Limited (Plaintiff) Yerim Australia Pty Limited (First Defendant) Yerim Forest Co. Ltd (Second Defendant) Representation: Counsel: J Cohen (Plaintiff) D O'Connor (Defendant)
Solicitors: Jacobs Legal (Plaintiff) HIS Lawyers (Defendant) File Number(s): 2016/344366
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