Arthur Perlidis v Barclay MIS Protect and Collect Pty Ltd [2014] NSWCATCD 127

Arthur Perlidis v Barclay MIS Protect and Collect Pty Ltd [2014] NSWCATCD 127

The Tribunal found that the contract between the parties consisted of the terms in the Brochure, with no additional terms from the Commercial Agreement, but with an implied term that the respondent would only be obliged to act where, in its reasonable opinion, there were reasonable prospects of success. The...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 January 2014
Procedural Posture
Civil Claim / Tribunal Hearing and Decision
Outcome
Application dismissed
Legal Topics
['breach of Contract' 'implied Terms' 'commercial Lease']
['contract'] ['breach of Contract' 'implied Terms' 'commercial Lease']

Source-derived case record

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

Civil Claim / Tribunal Hearing and Decision

Legal Issues

  1. 1 ['What were the expressed terms of the agreement between the parties?' 'Were there any implied terms of the agreement?' 'What were the obligations of the respondent under the agreement?' 'Did the refusal of the respondent to take proceedings against the tenant amount to a breach of the agreement?' 'If so, what damages is the applicant entitled for the breach of the agreement?']

Ratio Decidendi

The Tribunal found that the contract between the parties consisted of the terms in the Brochure, with no additional terms from the Commercial Agreement, but with an implied term that the respondent would only be obliged to act where, in its reasonable opinion, there were reasonable prospects of success. The respondent's decision not to act was reasonable in the circumstances given the likely prospects of success, and therefore there was no breach of contract.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']