Sangain Pty Limited v Italform Pty Limited [2009] NSWSC 74

Sangain Pty Limited v Italform Pty Limited [2009] NSWSC 74

It was open to the Referee to find that Sangain relied on Italform's pre-contractual representations, notwithstanding the contract's delivery terms; Italform's challenge to the Referee's report for not addressing a new argument could not be entertained as it was not argued before the Referee; there was no error in the Referee's assessment of damages or consideration of mitigation; thus, the Referee's report should be adopted and judgment given for Sangain.

Jurisdiction
Australia
Judgment Date
12 February 2009
Procedural Posture
Application for Adoption of Referee's Report / Judgment on Adoption of Referee's Report
Outcome
Referee's report adopted; judgment for Sangain in the sum of $1,929,204 exclusive of GST.
Legal Topics
['misleading and Deceptive Conduct' 'breach of Contract' "adoption of Referee's Report"]
['equity' 'commercial Law'] ['misleading and Deceptive Conduct' 'breach of Contract' "adoption of Referee's Report"]

Case Brief

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Procedural Posture

Application for Adoption of Referee's Report / Judgment on Adoption of Referee's Report

Legal Issues

  1. 1 ['Whether the Referee erred in finding misleading and deceptive conduct' "Whether Sangain relied on Italform's representations inconsistent with the subsequent contract" 'Whether Italform could criticise the report for not addressing an argument not advanced at the reference' "Whether damages should be assessed as per the Referee's findings and whether mitigation was properly considered"]

Ratio Decidendi

It was open to the Referee to find that Sangain relied on Italform's pre-contractual representations, notwithstanding the contract's delivery terms; Italform's challenge to the Referee's report for not addressing a new argument could not be entertained as it was not argued before the Referee; there was no error in the Referee's assessment of damages or consideration of mitigation; thus, the Referee's report should be adopted and judgment given for Sangain.

Court Disposition

Referee's report adopted; judgment for Sangain in the sum of $1,929,204 exclusive of GST.

Orders

  • ['Report adopted' 'Judgment for Sangain in the amount of $1,929,204 exclusive of GST' 'Further arguments to be heard on disposition of crane parts and costs']