RecycleIT Now Ltd v Parrani Group Pty Ltd [2022] NSWDC 305

RecycleIT Now Ltd v Parrani Group Pty Ltd [2022] NSWDC 305

The defendant breached the agreement by delivering goods of a value less than had been ordered and fully paid in advance; as a result, the plaintiff is entitled to recover the difference between the amount paid and the value of goods received, plus interest.

Jurisdiction
Australia
Judgment Date
01 August 2022
Procedural Posture
Civil / Principal Judgment
Outcome
Verdict for the plaintiff.
Legal Topics
['breach of Agreement' 'sale of Goods' 'damages']
['contract Law'] ['breach of Agreement' 'sale of Goods' 'damages']

Case Brief

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Whether the defendant breached an agreement by supplying goods of lesser value than paid for by the plaintiff.' 'Whether there was an implied term that goods would be supplied at market value.']

Ratio Decidendi

The defendant breached the agreement by delivering goods of a value less than had been ordered and fully paid in advance; as a result, the plaintiff is entitled to recover the difference between the amount paid and the value of goods received, plus interest.

Court Disposition

Verdict for the plaintiff.

Orders

  • ['Within 48 hours of publication of the reasons, the parties must agree on the Australian dollar equivalent for the claim plus interest and notify the Court; judgment to be entered for the plaintiff in that sum.' "The defendant is ordered to pay the plaintiff's costs of and incidental to the proceedings." 'Failing...