In the matter of Hair Industrie Penrith Pty Ltd [2015] NSWSC 1278

In the matter of Hair Industrie Penrith Pty Ltd [2015] NSWSC 1278

The evidence led by the plaintiff is capable, as a matter of law, of supporting the claims for breach of contract and repayment, even if imperfect as to quantum or credibility, and so the application for judgment for want of evidence must be dismissed because the defendants have not satisfied the court that judgment for the plaintiff could not be supported on the evidence.

Jurisdiction
Australia
Judgment Date
26 August 2015
Procedural Posture
Application for Judgment for Want of Evidence Under R 29.10 of the Uniform Civil Procedure Rules / Hearing After Plaintiff's Evidence in Chief Closed
Outcome
Defendants' application for judgment for want of evidence is dismissed.
Legal Topics
['judgment for Want of Evidence' 'no Case Submission' 'breach of Contract' 'damages' 'evidence Assessment']
['civil Procedure'] ['judgment for Want of Evidence' 'no Case Submission' 'breach of Contract' 'damages' 'evidence Assessment']

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Procedural Posture

Application for Judgment for Want of Evidence Under R 29.10 of the Uniform Civil Procedure Rules / Hearing After Plaintiff's Evidence in Chief Closed

Legal Issues

  1. 1 ['Whether judgment for the plaintiff could not be supported on the evidence under UCPR r 29.10' 'Whether the plaintiff established a breach of contract or right to repayment' 'Whether evidence of payment and contract is credible and sufficient']

Ratio Decidendi

The evidence led by the plaintiff is capable, as a matter of law, of supporting the claims for breach of contract and repayment, even if imperfect as to quantum or credibility, and so the application for judgment for want of evidence must be dismissed because the defendants have not satisfied the court that judgment for the plaintiff could not be supported on the evidence.

Court Disposition

Defendants' application for judgment for want of evidence is dismissed.

Orders

  • ['The application for judgment for want of evidence under r 29.10 of the Uniform Civil Procedure Rules is dismissed.']