Franklins Pty Ltd v Metcash Trading Ltd (No 2) [2007] NSWSC 446

Franklins Pty Ltd v Metcash Trading Ltd (No 2) [2007] NSWSC 446

Declarations as to the construction of the Supply Agreement, in its unrectified form, would be useful for the proceedings and appellate consideration. Under UCPR 36.1 and the Civil Procedure Act 2005 (NSW) s.56, the declarations sought by Franklins should be made, with clarification to reference the unrectified form of the Supply Agreement.

Jurisdiction
Australia
Judgment Date
04 May 2007
Procedural Posture
Commercial Dispute / Post Trial Orders; Determination of Appropriate Form of Orders
Outcome
Orders, including declarations, made in the form proposed by Franklins with a minor amendment.
Legal Topics
['declarations' 'rectification of Contracts' 'supply Agreement Construction']
['practice and Procedure' 'commercial Law'] ['declarations' 'rectification of Contracts' 'supply Agreement Construction']

Case Brief

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Procedural Posture

Commercial Dispute / Post Trial Orders; Determination of Appropriate Form of Orders

Legal Issues

  1. 1 ['Whether declarations should be made despite not being expressly prayed for' 'Utility and necessity of declarations in orders' 'Accuracy of proposed declarations regarding the Supply Agreement']

Ratio Decidendi

Declarations as to the construction of the Supply Agreement, in its unrectified form, would be useful for the proceedings and appellate consideration. Under UCPR 36.1 and the Civil Procedure Act 2005 (NSW) s.56, the declarations sought by Franklins should be made, with clarification to reference the unrectified form of the Supply Agreement.

Court Disposition

Orders, including declarations, made in the form proposed by Franklins with a minor amendment.

Orders

  • ['Declarations reflecting the construction of the Supply Agreement (in its unrectified form) made as sought by Franklins' 'Rectification order (previously made and amended) acknowledged' 'Court will hear submissions as to costs at a later date']