Dialog Pty Ltd t/as Dialog Information Technology v Sklar [2019] NSWSC 15

Supreme Court New South Wales

Medium Neutral Citation: Dialog Pty Ltd t/as Dialog Information Technology v Sklar [2019] NSWSC 15 Hearing dates: 12 December 2018 Date of orders: 31 January 2018 Decision date: 31 January 2018 Jurisdiction: Common Law Before: Fagan J Decision: 1 Leave to appeal is granted so far as necessary to deal with all issues raised in the plaintiff's summons and submissions. 2 The appeal is upheld. 3 The orders of the Local Court made on 23 April 2018 are set aside and in lieu thereof it is ordered: (1) Judgment for the plaintiff (Andrew Sklar) against the defendant (Dialog Pty Ltd) in the sum of $13,119. (2) The plaintiff (Andrew Sklar) is to pay the costs of the defendant (Dialog Pty Ltd) in the Local Court 4 The defendant is to pay the plaintiff's costs of the summons in this Court. Catchwords: CONTRACTS – construction – interpretation – commission calculation – gross margin – meaning of gross margin – contra proferentem principle not applicable where no ambiguity upon application of general principles of construction – leave to appeal granted – appeal upheld Legislation Cited: Local Court Act 2007 (NSW) Cases Cited: Darlington Futures Ltd v Delco Australia Pty Ltd (1986) 161 CLR 500; [1986] HCA 82 Texts Cited: Oxford Dictionary of Accounting, 3d ed, Oxford University Press, 2005 Category: Principal judgment Parties: Dialog Pty Ltd trading as Dialog Information Technology (plaintiff) Andrew Sklar (defendant) Representation: Counsel: M Doyle (applicant) A Tokley SC with P Barry (respondent)