Infinity Design Pty Ltd Trading As Ingenuity Product Design v Challenge Property Investments Pty Ltd [2021] NSWDC 602

Infinity Design Pty Ltd Trading As Ingenuity Product Design v Challenge Property Investments Pty Ltd [2021] NSWDC 602

The defendant breached the contract by failing to pay the invoice and by suspending the contract without giving required notice. There was no misleading and deceptive conduct by the plaintiff, and the cross-claim is dismissed. Plaintiff is awarded the claimed sum, including damages for loss of notice period, as the exclusion clauses do not bar recovery for failure to give contractually required notice.

Jurisdiction
Australia
Judgment Date
08 November 2021
Procedural Posture
Civil / Judgment Following Final Hearing
Outcome
Judgment for the Plaintiff
Legal Topics
['breach of Contract' 'quantum Meruit' 'misleading or Deceptive Conduct' 'assessment of Damages' 'repudiation' 'suspension and Termination of Contracts']
['contract Law' 'consumer Law'] ['breach of Contract' 'quantum Meruit' 'misleading or Deceptive Conduct' 'assessment of Damages' 'repudiation' 'suspension and Termination of Contracts']

Case Brief

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Procedural Posture

Civil / Judgment Following Final Hearing

Legal Issues

  1. 1 ["Whether the defendant breached the contract by failing to pay invoice and failing to give one month's notice on suspension" 'Whether the plaintiff repudiated the contract' 'Whether the plaintiff engaged in misleading and deceptive conduct under s 18 ACL' 'Assessment and quantification of damages' 'Operation and effect of exclusion clauses in contract']

Ratio Decidendi

The defendant breached the contract by failing to pay the invoice and by suspending the contract without giving required notice. There was no misleading and deceptive conduct by the plaintiff, and the cross-claim is dismissed. Plaintiff is awarded the claimed sum, including damages for loss of notice period, as the exclusion clauses do not bar recovery for failure to give contractually required notice.

Court Disposition

Judgment for the Plaintiff

Orders

  • ['Judgment for the Plaintiff in the sum of $96,045.60, together with interest on that amount.' 'The Amended Cross-Claim is dismissed.' "The defendant/cross-claimant is to pay the plaintiff/cross-defendant's costs of the proceedings." 'The parties are to confer to prepare Short Minutes of Order to calculate the...