Cantarella Bros Pty Ltd v Andreasen [2005] NSWSC 1157

Cantarella Bros Pty Ltd v Andreasen [2005] NSWSC 1157

There was a binding three-year contract and an implied term requiring defendants to purchase all coffee supplies from the plaintiff; there was no term requiring plaintiff to supply umbrellas; defendants breached the contract and are liable for damages representing lost profits for the remainder of the contract term.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 November 2005
Procedural Posture
Breach of Contract / Final Judgment
Outcome
Judgment for plaintiff. Defendants liable for damages for breach of contract.
Legal Topics
['construction and Interpretation of Contracts' 'implied Terms' 'business Efficacy' 'breach of Contract' 'damages']
['contract Law' 'equity'] ['construction and Interpretation of Contracts' 'implied Terms' 'business Efficacy' 'breach of Contract' 'damages']

Source-derived case record

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Procedural Posture

Breach of Contract / Final Judgment

Legal Issues

  1. 1 ['Was the contract for a term of three years or terminable at will?' 'Was it a term of the contract that the defendants would, while it continued, buy all their coffee supplies from the plaintiff?' 'Was there a fundamental term that the plaintiff would supply the defendants with four large outdoor umbrellas?' 'Are the defendants liable to the plaintiff in damages?' 'What is the quantum of such damages?']

Ratio Decidendi

There was a binding three-year contract and an implied term requiring defendants to purchase all coffee supplies from the plaintiff; there was no term requiring plaintiff to supply umbrellas; defendants breached the contract and are liable for damages representing lost profits for the remainder of the contract term.

Court Disposition

Judgment for plaintiff. Defendants liable for damages for breach of contract.

Orders

  • ['Plaintiff awarded damages of $60,327.80 for lost profit.']