Smart Distribution Services Pty Ltd v General Wholesale Pty Ltd [2009] NSWDC 274

Smart Distribution Services Pty Ltd v General Wholesale Pty Ltd [2009] NSWDC 274

The Agreement was terminated by the email from the defendant to the plaintiff dated 27 May 2008. For the purposes of the Agreement, there is a 'wholesale sale' when a purchase order for the goods is placed by DSE with the defendant; commission is payable on purchase orders generated during the agreement period, and payment is due within seven days of the defendant receiving payment from DSE.

Jurisdiction
Australia
Judgment Date
27 October 2009
Procedural Posture
Civil / Judgment After Hearing
Outcome
Declaratory/interlocutory - matter stood over for further directions
Legal Topics
['termination of Contract' 'construction of Contract Terms' 'payment of Commission' 'passing of Title' 'wholesale Sale Meaning']
['contract'] ['termination of Contract' 'construction of Contract Terms' 'payment of Commission' 'passing of Title' 'wholesale Sale Meaning']

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Procedural Posture

Civil / Judgment After Hearing

Legal Issues

  1. 1 ['When was the Agreement between the parties terminated?' "Upon what basis is commission payable under the Agreement (timing and meaning of 'wholesale sale')?"]

Ratio Decidendi

The Agreement was terminated by the email from the defendant to the plaintiff dated 27 May 2008. For the purposes of the Agreement, there is a 'wholesale sale' when a purchase order for the goods is placed by DSE with the defendant; commission is payable on purchase orders generated during the agreement period, and payment is due within seven days of the defendant receiving payment from DSE.

Court Disposition

Declaratory/interlocutory - matter stood over for further directions

Orders

  • ['The agreement was terminated on 27 May 2008.' 'Commission is payable on purchase orders created during the agreement period, within seven days of receipt of payment by the defendant from DSE.' 'The matter is stood over for directions to allow the parties time to agree on what amount, if any, is owing by the...