Roadhound Electronics Pty Ltd No 2 v Cheihk [2006] NSWDC 145

Roadhound Electronics Pty Ltd No 2 v Cheihk [2006] NSWDC 145

The court found the notice of demand was duly served in accordance with the guarantee and indemnity, and based on recalculation that excluded compounding of the service fee, judgment was entered for the plaintiff in the recalculated total sum.

Jurisdiction
Australia
Judgment Date
30 November 2006
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
['guarantee of Trading Account' 'notice of Demand']
['contract Law'] ['guarantee of Trading Account' 'notice of Demand']

Case Brief

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether the notice of demand was served according to the guarantee and indemnity' 'Whether the service fee could be compounded under the credit agreement']

Ratio Decidendi

The court found the notice of demand was duly served in accordance with the guarantee and indemnity, and based on recalculation that excluded compounding of the service fee, judgment was entered for the plaintiff in the recalculated total sum.

Court Disposition

Judgment for the plaintiff

Orders

  • ['There will be verdict and judgment for the plaintiff in the sum of $564,902.10, comprising $271,587.55 as the amount owing in respect of telephone purchases and $293,314.55 in respect of the service fee.' "The defendant is to pay the plaintiff's costs of the proceedings as agreed or assessed on an ordinary basis."...