Southern Sheet & Coil Pty Limited v Portacomm Building Systems Pty Limited [2013] NSWSC 38

Southern Sheet & Coil Pty Limited v Portacomm Building Systems Pty Limited [2013] NSWSC 38

The Court found the first defendant liable for unpaid invoices for steel supplied, in the sum of $1,391,008.41 plus interest, and held the second defendant liable under the continuing guarantee, which was not limited to $100,000 nor discharged by any release or variation. The guarantee was not released as there was only a covenant not to sue the co-guarantor, Mr James. The cross claim failed as the agreement was not limited to BlueScope product, no relevant misrepresentation or misleading conduct was established, and no actionable loss was proven.

Jurisdiction
Australia
Judgment Date
05 February 2013
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the plaintiff; cross claim dismissed.
Legal Topics
['sale of Goods' 'guarantees' 'misrepresentation' 'misleading or Deceptive Conduct' 'construction and Interpretation of Contracts']
['contract Law' 'commercial Law'] ['sale of Goods' 'guarantees' 'misrepresentation' 'misleading or Deceptive Conduct' 'construction and Interpretation of Contracts']

Case Brief

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Is the first defendant liable to the plaintiff for unpaid invoices for steel products supplied under a contract?' 'Is the second defendant liable to the plaintiff under a personal guarantee?' 'Has the guarantee been discharged by any release or variation?' 'Is the first defendant entitled to succeed on its cross claim for breach of contract and misleading or deceptive conduct?']

Ratio Decidendi

The Court found the first defendant liable for unpaid invoices for steel supplied, in the sum of $1,391,008.41 plus interest, and held the second defendant liable under the continuing guarantee, which was not limited to $100,000 nor discharged by any release or variation. The guarantee was not released as there was only a covenant not to sue the co-guarantor, Mr James. The cross claim failed as the agreement was not limited to BlueScope product, no relevant misrepresentation or misleading conduct was established, and no actionable loss was proven.

Court Disposition

Judgment for the plaintiff; cross claim dismissed.

Orders

  • ['Judgment for the plaintiff against the first and second defendants for $2,067,429.12.' "Defendants to pay the plaintiff's costs as agreed or assessed up to 13 March 2012 and on an indemnity basis from 14 March 2012." 'Judgment for the cross defendant (plaintiff) on the cross claim.' "The cross claimant (first...