Salera v Buuna Pty Ltd [2016] NSWCATAP 32

Salera v Buuna Pty Ltd [2016] NSWCATAP 32

The contract required the respondent to deliver a functioning app capable of being uploaded to a website via an app store. The respondent failed to deliver a functional product, constituting a fundamental breach of contract. The appellant is entitled to compensation for loss calculated as $12,000, the overpaid amount for uncompleted stages, and an extension of time to appeal is justified in the circumstances.

Parties
Appellant: Daniel Salera; Respondent: Buuna Pty Ltd
Jurisdiction
Australia
Judgment Date
09 February 2016
Procedural Posture
Internal Appeal / Decision on Appeal (judgment and Orders)
Outcome
appeal allowed; extension of time granted; decision under appeal quashed; compensatory order for appellant
Legal Topics
Construction of Contract, Breach of Contract, Extension of Time to Appeal
Contract Law Civil Procedure Construction of Contract Breach of Contract Extension of Time to Appeal

Case Brief

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Parties

Daniel Salera

Appellant

Buuna Pty Ltd

Respondent

Procedural Posture

Internal Appeal / Decision on Appeal (judgment and Orders)

Legal Issues

  1. 1 Proper construction of the contract between the parties
  2. 2 Whether the respondent failed to perform its contractual obligations
  3. 3 Whether the appellant is entitled to compensation for breach of contract

Ratio Decidendi

The contract required the respondent to deliver a functioning app capable of being uploaded to a website via an app store. The respondent failed to deliver a functional product, constituting a fundamental breach of contract. The appellant is entitled to compensation for loss calculated as $12,000, the overpaid amount for uncompleted stages, and an extension of time to appeal is justified in the circumstances.

Court Disposition

appeal allowed; extension of time granted; decision under appeal quashed; compensatory order for appellant

Orders

  • Extension of time to file appeal is granted
  • Time for filing the appeal is extended to 10 September 2015