28 Apr 2020
No binding settlement on costs was formed because the parties did not agree on an essential term (payment timing) and an implied term that payment would be made within a reasonable time was not so obvious as to be implied; accordingly costs were not agreed and must be fixed by the Court, with the plaintiff given a final opportunity to address quantum.
3 Mar 2017
Court found on balance of probabilities that (1) defendant agreed on 27 February 2014 (varied 28 February) to purchase all stock on the updated invoice for $194,325.93 payable by instalments and breached that contract; plaintiff entitled to damages of $123,814.02 plus interest from 22 April 2015; (2) for order 1808 payment was due seven days after the container was received by the seller, goods were unconditionally appropriated when set aside in cool storage so property and risk passed to defendant, defendant's purported rescission was invalid because the cheese was of merchantable quality, a…
31 May 2006
There was no concluded agreement that work would be charged on a time and materials basis. The court implied a term that the defendants would pay a reasonable and proper price. On the evidence the most reliable indicator of the commercial balance was the plaintiff's 20 August 2003 invoice and the detailed Melrose Street claim; accordingly the court allowed $61,792.16 for the commercial premises and $23,231.48 for Melrose Street, totalling judgment of $85,023.64 against the first defendants. The estoppel defence failed. The claim against the second defendant was dismissed/ignored due to lack o…