Boral Ltd v Foley & Bear Pty Ltd trading as J & R Industries; Foley & Bear Pty Ltd trading as J & R Industries v Boral Ltd [2015] NSWDC 240

Boral Ltd v Foley & Bear Pty Ltd trading as J & R Industries; Foley & Bear Pty Ltd trading as J & R Industries v Boral Ltd [2015] NSWDC 240

Boral proved its Local Court claim for unpaid invoices because the credit agreement included supply on credit accepted by J & R Industries, and the pleaded set-off and defective goods defences could not defeat liability in light of the obligation to pay without deduction or set-off. In the District Court proceedings, J & R Industries proved that Boral contracted with it, knew the intended use, and breached an implied fitness-for-purpose term. On 7 December 2011, the likely cause of the slurry failure was Boral's combined failure to add the requested retardant and to add the prescribed dosage of Rheobuild 1000; the addition of 80 litres of water did not break causation. On 17 March 2012,...

Jurisdiction
Australia
Judgment Date
23 June 2015
Procedural Posture
Civil Contract Proceedings Concerning Supply of Goods, Breach of Contract and Unpaid Invoices / Principal Judgment After Hearing
Outcome
Boral succeeded in the Local Court proceedings against J & R Industries and Stephen George Bear. J & R Industries succeeded in the District Court proceedings against Boral Ltd in the amount claimed.
Legal Topics
['breach of Contract' 'fitness for Purpose' 'supply of Concrete and Concrete Slurry' 'expert Evidence on Concrete Behaviour' 'causation of Damages' 'novus Actus Interveniens' 'measure of Damages' 'incorporation of Terms by Course of Dealings' 'correct Corporate Entity Sued' 'set Off and Payment Obligations']
['civil Law' 'contract Law' 'sale of Goods' 'evidence' 'civil Procedure'] ['breach of Contract' 'fitness for Purpose' 'supply of Concrete and Concrete Slurry' 'expert Evidence on Concrete Behaviour' 'causation of Damages' 'novus Actus Interveniens' 'measure of Damages' 'incorporation of Terms by Course of Dealings' 'correct Corporate Entity Sued' 'set Off and Payment Obligations']

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Procedural Posture

Civil Contract Proceedings Concerning Supply of Goods, Breach of Contract and Unpaid Invoices / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether the document described as a credit agreement supported Boral's Local Court claim for unpaid invoices." "Whether J & R Industries and Stephen George Bear could rely on set-off or defective goods as defences to Boral's Local Court claim." 'Whether Boral supplied concrete slurry on 7 December 2011 that was fit for the purpose for which it was ordered.' "Whether Boral's failure to add requested retardant and the prescribed dosage of Rheobuild 1000 caused the slurry to set in the pipes and cause damage." 'Whether the 80 litres of water added at the site broke the chain of causation as a novus actus interveniens.' 'Whether Boral supplied concrete on 17 March 2012 that was fit for the purpose for which it was ordered.' 'Whether J & R Industries sued the correct Boral corporate entity.' 'Whether J & R Industries proved its damages and the correct measure of damages.']

Ratio Decidendi

Boral proved its Local Court claim for unpaid invoices because the credit agreement included supply on credit accepted by J & R Industries, and the pleaded set-off and defective goods defences could not defeat liability in light of the obligation to pay without deduction or set-off. In the District Court proceedings, J & R Industries proved that Boral contracted with it, knew the intended use, and breached an implied fitness-for-purpose term. On 7 December 2011, the likely cause of the slurry failure was Boral's combined failure to add the requested retardant and to add the prescribed dosage of Rheobuild 1000; the addition of 80 litres of water did not break causation. On 17 March 2012,...

Court Disposition

Boral succeeded in the Local Court proceedings against J & R Industries and Stephen George Bear. J & R Industries succeeded in the District Court proceedings against Boral Ltd in the amount claimed.

Orders

  • ['In the Local Court proceedings, a finding in favour of Boral Ltd against J & R Industries and Stephen George Bear.' 'In the District Court proceedings, a verdict and judgment for J & R Industries against Boral Ltd in the amount claimed.']