Camnet Finance Pty Ltd v Blakehurst Aged Care Services Pty Ltd [2020] NSWDC 297

Camnet Finance Pty Ltd v Blakehurst Aged Care Services Pty Ltd [2020] NSWDC 297

The variations to the Print Copy Plan contract operated to reset the commencement date and maximum term, thus the defendant was not entitled to terminate when it did. The plaintiff validly terminated the contract and is entitled to recover the agreed sum.

Parties
Plaintiff: Camnet Finance Pty Ltd; Defendant: Blakehurst Aged Care Services Pty Ltd
Jurisdiction
Australia
Judgment Date
16 June 2020
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Contractual Construction, Contract Variations, Commercial Purpose, Termination for Breach
Contracts Contractual Construction Contract Variations Commercial Purpose Termination for Breach

Case Brief

Summary, issues, holding and outcome

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Parties

Camnet Finance Pty Ltd

Plaintiff

Blakehurst Aged Care Services Pty Ltd

Defendant

Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 Whether the defendant was entitled to terminate the agreement when it did
  2. 2 Whether the plaintiff's manner of termination was in accordance with the provisions of the PCP

Ratio Decidendi

The variations to the Print Copy Plan contract operated to reset the commencement date and maximum term, thus the defendant was not entitled to terminate when it did. The plaintiff validly terminated the contract and is entitled to recover the agreed sum.

Court Disposition

Judgment for the plaintiff

Orders

  • Judgment and verdict for the plaintiff in the sum of $135,910.71
  • The defendant pay the plaintiff's costs