LUSTED PTY LTD v GG BEACH (NSW) PTY LTD [1994] NSWCA 188

LUSTED PTY LTD v GG BEACH (NSW) PTY LTD [1994] NSWCA 188

The respondent company was the proper contracting party to the agreements in question, as evidenced both by intention, conduct of the parties, and admissions in the pleadings; no error was shown regarding the trial judge's finding as to the proper plaintiff or the amounts claimed.

Parties
Appellant/defendant: Lusted Pty Ltd; Respondent/plaintiff: GG Beach (NSW) Pty Ltd
Jurisdiction
Australia
Judgment Date
15 July 1994
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs; cross-appeal dismissed with costs
Legal Topics
Proper Party to Contract, Quantum of Damages, Appeal Procedure
Contract Law Proper Party to Contract Quantum of Damages Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lusted Pty Ltd

Appellant/defendant

GG Beach (NSW) Pty Ltd

Respondent/plaintiff

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the correct plaintiff was named in the proceedings
  2. 2 Whether the amounts claimed under three agreements were reasonable

Ratio Decidendi

The respondent company was the proper contracting party to the agreements in question, as evidenced both by intention, conduct of the parties, and admissions in the pleadings; no error was shown regarding the trial judge's finding as to the proper plaintiff or the amounts claimed.

Court Disposition

Appeal dismissed with costs; cross-appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Cross-appeal dismissed with costs