Online Lighting Pty Ltd v Paul Media Pty Ltd [2023] NSWCATCD 19

Online Lighting Pty Ltd v Paul Media Pty Ltd [2023] NSWCATCD 19

The Tribunal found that the contract was constituted by the written document signed on 6 April 2021 and forwarded on 7 April 2021, comprising the Statement of Work E-Commerce site and Preliminary Development Outline V1.3. The alleged oral discussions on 29 September 2020 did not create a binding express term, and access to the staging website did not add a contractual obligation to reproduce all existing functionality and speed. The proposed implied term was not so obvious that it went without saying and was not necessary to make the contract workable. The applicant therefore failed to establish the alleged express or implied term and also failed to prove any breach. The application was...

Jurisdiction
Australia
Judgment Date
27 February 2023
Procedural Posture
Consumer Claim Arising From Supply of Website Development Services / Principal Judgment After Hearing in the Consumer and Commercial Division
Outcome
Application dismissed.
Legal Topics
['express Terms' 'implied Terms' 'website Development Services' 'business Efficacy' 'contract Formation' 'breach of Contract']
['contracts' 'consumer Claims'] ['express Terms' 'implied Terms' 'website Development Services' 'business Efficacy' 'contract Formation' 'breach of Contract']

Case Brief

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Procedural Posture

Consumer Claim Arising From Supply of Website Development Services / Principal Judgment After Hearing in the Consumer and Commercial Division

Legal Issues

  1. 1 ['Whether the contract included an express term that the new website would include all the functionality of the existing website, including fast load speed.' 'Whether such a term should be implied into the contract as obvious or necessary to give business efficacy.' 'Whether the respondent breached the contract by failing to build a new website with speed and functionality equivalent to the existing website.' 'Whether dismissal of the application was fair and equitable under the Fair Trading Act 1987 (NSW).']

Ratio Decidendi

The Tribunal found that the contract was constituted by the written document signed on 6 April 2021 and forwarded on 7 April 2021, comprising the Statement of Work E-Commerce site and Preliminary Development Outline V1.3. The alleged oral discussions on 29 September 2020 did not create a binding express term, and access to the staging website did not add a contractual obligation to reproduce all existing functionality and speed. The proposed implied term was not so obvious that it went without saying and was not necessary to make the contract workable. The applicant therefore failed to establish the alleged express or implied term and also failed to prove any breach. The application was...

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.' 'If the parties are in agreement as to costs of the proceedings, then they shall provide proposed consent orders to the Tribunal within 14 days of the date of these reasons for decision.' 'If the parties are not in agreement as to the costs of the proceedings, then if any party seeks...