Ultimo Document Storage v Liquid Vision [2003] NSWSC 1175

Ultimo Document Storage v Liquid Vision [2003] NSWSC 1175

The plaintiff failed to prove that the contract contained the pleaded completion-date terms or that the pleaded misleading representations were made, had the alleged character, or were relied upon. However, the contract included an implied term that the plaintiff would not hinder or prevent the first defendant's performance, and the plaintiff breached that term by requiring return of keys and excluding the first defendant from the premises, thereby depriving it of the opportunity to earn remuneration.

Jurisdiction
Australia
Judgment Date
12 December 2003
Procedural Posture
Equity Proceedings Involving Contractual Claims, Statutory Misleading or Deceptive Conduct Claims, and a Cross Claim / Judgment After Hearing
Outcome
Plaintiff's claims dismissed; first defendant entitled to judgment on cross-claim with damages to be determined after further submissions; plaintiff to pay defendants' costs.
Legal Topics
['contractual Terms as to Time for Performance' 'implied Term Not to Hinder or Prevent Performance' 'misleading or Deceptive Conduct' 'representations as to Future Performance' 'reliance']
['contract Law' 'trade and Commerce' 'equity'] ['contractual Terms as to Time for Performance' 'implied Term Not to Hinder or Prevent Performance' 'misleading or Deceptive Conduct' 'representations as to Future Performance' 'reliance']

Case Brief

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Procedural Posture

Equity Proceedings Involving Contractual Claims, Statutory Misleading or Deceptive Conduct Claims, and a Cross Claim / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the contract between the plaintiff and the first defendant included pleaded terms requiring completion of the SQL conversion by about mid-March 2000 or by mid-June 2000.' 'Whether alleged representations about the timing or readiness of the SQL conversion were made and relied upon so as to contravene the Trade Practices Act 1974 (Cth) or the Fair Trading Act 1987.' 'Whether the third defendant engaged in misleading or deceptive conduct by alleged statements or silence.' "Whether the plaintiff breached an implied contractual term by excluding the first defendant from access to the plaintiff's premises and thereby preventing performance."]

Ratio Decidendi

The plaintiff failed to prove that the contract contained the pleaded completion-date terms or that the pleaded misleading representations were made, had the alleged character, or were relied upon. However, the contract included an implied term that the plaintiff would not hinder or prevent the first defendant's performance, and the plaintiff breached that term by requiring return of keys and excluding the first defendant from the premises, thereby depriving it of the opportunity to earn remuneration.

Court Disposition

Plaintiff's claims dismissed; first defendant entitled to judgment on cross-claim with damages to be determined after further submissions; plaintiff to pay defendants' costs.

Orders

  • ['The claims in the amended statement of claim are dismissed.' 'Judgment will be entered for the first defendant against the plaintiff upon the cross-claim in an amount to be determined after further submissions.' "The plaintiff will pay the defendants' costs of the proceedings." 'The parties are to file written...