Current Images Pty Limited v Dupack Pty Limited [2012] NSWCA 99

Current Images Pty Limited v Dupack Pty Limited [2012] NSWCA 99

The pricing conditions in the proposal were not incorporated into the purchase agreement; conflicting terms are resolved in favour of express terms in the contract. Current Images was entitled to accept Dupack's repudiation and terminate the contract. Appellant suffered loss of bargain, costs, and loss of use of money and is entitled to damages.

Jurisdiction
Australia
Judgment Date
20 April 2012
Procedural Posture
Appeal / Decision on Appeal
Outcome
Appeal allowed.
Legal Topics
['contract Construction' 'incorporation of Terms' 'repudiation' 'damages' 'breach of Contract']
['contract Law'] ['contract Construction' 'incorporation of Terms' 'repudiation' 'damages' 'breach of Contract']

Case Brief

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Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 ['Whether primary judge erred in considering post-contractual conduct and subjective intention of parties in contract construction' 'Whether pricing conditions from proposal were incorporated into the purchase agreement' 'Whether sufficient conditions for contract formation existed' 'Entitlement to damages for breach of contract and measure of damages']

Ratio Decidendi

The pricing conditions in the proposal were not incorporated into the purchase agreement; conflicting terms are resolved in favour of express terms in the contract. Current Images was entitled to accept Dupack's repudiation and terminate the contract. Appellant suffered loss of bargain, costs, and loss of use of money and is entitled to damages.

Court Disposition

Appeal allowed.

Orders

  • ['Orders 1 and 2 of the orders made by the primary judge on 11 March 2011 set aside.' 'Judgment for the appellant against the respondent for $157,947.' 'Direct the appellant within 14 days to make submissions as to calculation of interest and appropriate order for costs.' 'Direct the respondent within a further 14...