Premium Green Batts v McTaggart [2011] NSWSC 838

Premium Green Batts v McTaggart [2011] NSWSC 838

The plaintiff established its case for judgment by demonstrating that the contract was not validly varied and amounts were owing under the contract and the guarantee; defences failed and the first defendant is liable for the full sum plus costs.

Parties
Plaintiff: Premium Green Batts Pty Limited; First Defendant: Trevor Shane McTaggart; Second Defendant: Tarek Bhatti
Jurisdiction
Australia
Judgment Date
02 August 2011
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for the plaintiff against the first defendant.
Legal Topics
Guarantees and Indemnities, Damages for Breach of Contract, Contract Variation, Contractual Liability for Costs
Contract Law Equity Guarantees and Indemnities Damages for Breach of Contract Contract Variation Contractual Liability for Costs

Case Brief

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Parties

Premium Green Batts Pty Limited

Plaintiff

Trevor Shane McTaggart

First Defendant

Tarek Bhatti

Second Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the first defendant is liable under a guarantee and indemnity for the buyer's obligations under a supply contract
  2. 2 Whether a variation to the contract reduced liability
  3. 3 Whether ownership of goods passed to the buyer

Ratio Decidendi

The plaintiff established its case for judgment by demonstrating that the contract was not validly varied and amounts were owing under the contract and the guarantee; defences failed and the first defendant is liable for the full sum plus costs.

Court Disposition

Judgment for the plaintiff against the first defendant.

Orders

  • Judgment for the plaintiff against the first defendant in the sum of $2,803,143.24.
  • First defendant to pay the plaintiff's costs of the proceedings on a solicitor and own client basis.