MANILDRA FLOUR MILLS MANUFACTURING PTY LTD v BELTAVIA PTY LTD [1989] NSWCA 137

MANILDRA FLOUR MILLS MANUFACTURING PTY LTD v BELTAVIA PTY LTD [1989] NSWCA 137

The contract required the calculation and payment for wheat based on an agreed formula relating to flour delivered and a grist rate, not by reference to actual wheat delivered; this construction applied to all relevant periods and claims; thus, the plaintiff was not entitled to recover alleged overpayments.

Parties
Appellant / Defendant: Manildra Flour Mills Manufacturing Pty Ltd; Respondent / Plaintiff: Beltavia Pty Ltd
Jurisdiction
Australia
Judgment Date
14 December 1989
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal upheld. Judgment below set aside. Summons dismissed. Judgment for defendant. Plaintiff to pay costs at first instance and on appeal.
Legal Topics
Construction of Contract, Overpayment, Apportionment of Liability
Contract Law Commercial Law Construction of Contract Overpayment Apportionment of Liability

Case Brief

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Parties

Manildra Flour Mills Manufacturing Pty Ltd

Appellant / Defendant

Beltavia Pty Ltd

Respondent / Plaintiff

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether payment for wheat was to be made on wheat actually delivered or wheat deemed delivered under an agreed formula
  2. 2 Whether the judgment at first instance determined the whole of the plaintiff's claim or only part of it

Ratio Decidendi

The contract required the calculation and payment for wheat based on an agreed formula relating to flour delivered and a grist rate, not by reference to actual wheat delivered; this construction applied to all relevant periods and claims; thus, the plaintiff was not entitled to recover alleged overpayments.

Court Disposition

Appeal upheld. Judgment below set aside. Summons dismissed. Judgment for defendant. Plaintiff to pay costs at first instance and on appeal.

Orders

  • Appeal upheld
  • Judgment below set aside