Solomons Franchise Systems Pty Ltd & Ors v Taydex Pty Ltd & Ors [1995] FCA 882

Solomons Franchise Systems Pty Ltd & Ors v Taydex Pty Ltd & Ors [1995] FCA 882

The evidence established that the first respondent owed the applicants the invoiced amount, except for $495.34 in respect of which the second respondent's allegation about non-merchantable carpet raised a triable issue. Because there was no defence to the balance of the claim, summary judgment was entered for $61,034.94 and the applicants were awarded costs of the motion.

Jurisdiction
Australia
Judgment Date
25 October 1995
Procedural Posture
Notice of Motion for Summary Judgment in Respect of Part of the Relief Claimed / Reasons for Judgment and Orders on Motion
Outcome
Summary judgment entered for the applicants against the first respondent for $61,034.94, with costs of the motion to the applicants.
Legal Topics
['summary Judgment' 'unpaid Invoices' 'costs of Motion' 'triable Issue']
['civil Procedure' 'commercial Law'] ['summary Judgment' 'unpaid Invoices' 'costs of Motion' 'triable Issue']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notice of Motion for Summary Judgment in Respect of Part of the Relief Claimed / Reasons for Judgment and Orders on Motion

Legal Issues

  1. 1 ['Whether the applicants were entitled to summary judgment against the first respondent for the unpaid invoiced amount claimed under the second agreement.' 'Whether the asserted cost of replacing carpet alleged not to be of merchantable quality raised a triable issue for part of the claimed sum.' 'Whether costs of the motion could be taxed notwithstanding that the principal proceedings had not concluded.']

Ratio Decidendi

The evidence established that the first respondent owed the applicants the invoiced amount, except for $495.34 in respect of which the second respondent's allegation about non-merchantable carpet raised a triable issue. Because there was no defence to the balance of the claim, summary judgment was entered for $61,034.94 and the applicants were awarded costs of the motion.

Court Disposition

Summary judgment entered for the applicants against the first respondent for $61,034.94, with costs of the motion to the applicants.

Orders

  • ['Judgment be entered for the applicants against the first respondent in the sum of $61,034.94.' 'The applicants on the motion are to have their costs of the motion, to be taxed if not agreed, and those costs may be taxed pursuant to Order 62 notwithstanding that the principal proceedings have not concluded.']