D TANNOUS NO 2 PTY LIMITED & ANOR v BEVILLESTA PTY LIMITED [2009] NSWSC 782

D TANNOUS NO 2 PTY LIMITED & ANOR v BEVILLESTA PTY LIMITED [2009] NSWSC 782

Both the indemnity and centre management fees claims disclosed triable issues unsuitable for summary dismissal given competing contract interpretations, factual disputes, and need for evidence on commercial purpose and relationships; orders made for case management, particulars, and solicitor's certificate under s.347 Legal Profession Act 2004.

Jurisdiction
Australia
Judgment Date
12 August 2009
Procedural Posture
Commercial Dispute / Summary Dismissal Application
Outcome
Notice of motion for summary dismissal dismissed. Orders for case management and solicitor's certificate granted. Costs reserved.
Legal Topics
['contractual Indemnity' 'interpretation of Commercial Contracts' 'summary Dismissal' 'employment Relationships' 'damages' 'case Management' 'pleading and Particulars']
['contract Law' 'commercial Law' 'employment Law'] ['contractual Indemnity' 'interpretation of Commercial Contracts' 'summary Dismissal' 'employment Relationships' 'damages' 'case Management' 'pleading and Particulars']

Case Brief

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Procedural Posture

Commercial Dispute / Summary Dismissal Application

Legal Issues

  1. 1 ['Whether the indemnity claim by the first plaintiff is amenable to summary dismissal under UCPR r 13.4' 'Proper construction of indemnity deed as to period and scope of liability' 'Whether the centre management fees claim by the second plaintiff discloses a reasonable cause of action and is susceptible to summary dismissal' "Requirement for solicitor's certification under s.347 Legal Profession Act 2004"]

Ratio Decidendi

Both the indemnity and centre management fees claims disclosed triable issues unsuitable for summary dismissal given competing contract interpretations, factual disputes, and need for evidence on commercial purpose and relationships; orders made for case management, particulars, and solicitor's certificate under s.347 Legal Profession Act 2004.

Court Disposition

Notice of motion for summary dismissal dismissed. Orders for case management and solicitor's certificate granted. Costs reserved.

Orders

  • ['The notice of motion in relation to the relief sought in paragraphs 1 and 2 is dismissed.' 'Liberty to the defendant to apply to the Registrar as may be necessary in relation to particulars of the claim in paragraphs 1 to 5 of the statement of claim, following service of any amended statement of claim.' 'Liberty...