Legal Research
Cases
Abbott v Klein

Abbott v Klein

Case [2015] NSWDC 45 16 April 2015

No judgment structure available for this case.

Type to search within this case.

District Court

New South Wales

Medium Neutral Citation: Abbott v Klein [2015] NSWDC 45
Hearing dates: 14, 15, 16, 17, 28 October 2014 (written submissions received 17, 27-30 October 2014)
Date of orders: 16 April 2015
Decision date: 16 April 2015
Jurisdiction: Civil
Before: P Taylor SC DCJ
Decision:
(1)Judgment for the plaintiff in the sum of $115,610.
(2)Cross-claim dismissed.
(3)Matter listed for any argument in respect of costs on a date to be fixed within the next four weeks, convenient to the parties.

Catchwords: MERCANTILE LAW - accounting services rendered – moneys due and owing for services - deed entered into – jurisdiction – whether mistake needed to be pleaded in a cross-claim - common mistake – unilateral mistake – misleading conduct – misrepresentation – whether individual or company liable for moneys owed – personal guarantee - limitation
Legislation Cited: Contracts Review Act 1980
District Court Act 1973, s 44, s 134
Fair Trading Act 1987
Law Reform (Law and Equity) Act 1972 (NSW), s 6
Limitation Act 1969, s 14, s 63
Supreme Court Act 1970, s 8, s 53, s 54, s 55, s 58
Supreme Court Rules 1970, Pt 12 r 2, Pt 12 r 7, Pt 14 r 2
Trade Practices Act 1974 (Cth), Pt V
Uniform Civil Procedure Rules 2005, r 42.1
Cases Cited: Batley v Local Court of New South Wales (Supreme Court (NSW), Bruce J, 4 February 1998, unrep)
BHP Billiton v Bluestone [2013] SASC 133
Bitannia Pty Ltd v Parline Constructions Pty Ltd (2006) 67 NSWLR 9
Bushby v Dixon Holmes du Pont Pty Ltd (2010) 78 NSWLR 111
Certain Lloyd's Underwriters v Cross [2012] HCA 56; (2012) 248 CLR 378
Chetcuti v Scarf [2000] NSWSC 637
Deputy Commissioner of Taxation v Zammitt [2014] NSWCA 104
Eberstaller v Poulos [2014] NSWCA 211
Flexman v Knox Street Apartments [2004] NSWSC 1154
Forsyth v Deputy Commissioner of Taxation (2004) 62 NSWLR 132
Forsyth v Deputy Commissioner of Taxation [2007] HCA 8
Garrat’s v Thangathurai [2001] NSWSC 945
Kelly v Mina [2014] NSWCA 9
Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355
Taylor Farms (Aust) Pty Ltd v A Calkos Pty Ltd & Ors [1999] NSWSC 186
Taylor v Johnson (1983) 151 CLR 422
Watson v Foxman (1995) 49 NSWLR 315
Wilson v Interhealth Energies Pty Limited and Anor [2008] NSWSC 1137
Yahl v Bridgeport Customs Pty Ltd (Supreme Court (NSW), Allen M, 31 July 1984, unrep)
Category: Principal judgment
Parties: Adrian Howard Abbott (plaintiff)
Peter Klein (defendant)
Representation:
Counsel:
Mr S Goodman (plaintiff)
Mr B Zipser (defendant)
Solicitors:
Rankin Ellison Lawyers (plaintiff)
Reid & Vesely Solicitors (defendant)

File Number(s): 2013/73638
Publication restriction: None

JUDGMENT

A. Introduction

Peter Klein signed a Deed of Acknowledgement (“the Deed”) in April 2003 guaranteeing payment of $100,000 to Adrian Abbott by 15 December 2012. He failed to pay any amount. He says that he is not obliged to pay because he was mistaken when signing the Deed in his…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Abbott v Klein

Details

AGLC: Abbott v Klein [2015] NSWDC 45
Case: [2015] NSWDC 45
Decision Date: 16 April 2015

CaseChat Overview and Summary

The plaintiff, Abbott, sought to recover monies owed for accounting services rendered to the defendant, Klein, who operated a company. The dispute arose from a deed executed between the parties, where Klein agreed to pay Abbott for services rendered over a specific period. Klein argued that Abbott had breached their contract, while Abbott claimed that Klein had failed to honour the financial obligations set out in the deed. The matter was heard in the Supreme Court of Queensland.

The court was required to determine several legal issues, including whether a mistake needed to be pleaded in a cross-claim, the nature of the mistake alleged by the parties, and whether Abbott was entitled to recover the moneys claimed. The court also needed to determine whether Abbott was liable for any misrepresentations made during the course of the agreement and whether the individual or the company was liable for the moneys owed. Additionally, the court had to consider whether the claim was subject to any limitation periods.

The court found that there was no requirement for a mistake to be pleaded in a cross-claim and that the mistake alleged by Klein was a unilateral mistake, which did not relieve them of their contractual obligations. The court held that Abbott was entitled to recover the moneys claimed, as Klein had failed to honour the financial obligations set out in the deed. The court found no evidence of misleading conduct or misrepresentation by Abbott. Furthermore, the court held that the individual defendant was liable for the moneys owed, as the personal guarantee provided by Klein bound him personally to the obligations set out in the deed. The court also found that the claim was not subject to any limitation periods.

The court ordered judgment for the plaintiff in the sum of $115,610, dismissed the cross-claim, and listed the matter for any argument in respect of costs on a date to be fixed within the next four weeks, convenient to the parties.

Orders

Orders of the court

(1)Judgment for the plaintiff in the sum of $115,610.

(2)Cross-claim dismissed.

(3)Matter listed for any argument in respect of costs on a date to be fixed within the next four weeks, convenient to the parties.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Actions

Citations

Abbott v Klein [2015] NSWDC 45

Most Recent Citation

Owners Corporation SP 69106 v Impression Developer Pty Ltd (ACN 095 022 192) [2015] NSWDC 79

Cases Citing This Decision

M&M Global Financials Pty Limited v Financial Elements Pty Limited [2022] NSWDC 386
Citation 1 (Para 7)

…hen considering an action in this Court - pursuant to s 44 (1)(a) - was the study of the judgement by Judge Taylor SC of this Court in Abbott v Klein [2015] NSWDC 45. I respectfully adopt the assistance of his Honour’s reasons in relation to that subsection.…
Ace Electrical Wholesalers Pty Ltd v Bitar [2018] NSWDC 360
Citation 2 (Para 6)

…Pt 14 r 2, these decisions have caused at least one first instance judge to find jurisdiction on the basis of stare decisis . [8] 5. Abbott v Klein [2015] NSWDC 45 at [60]-[69] per Taylor SC DCJ; The NTF Group Pty Ltd v PA Putney Finance Australia Pty Ltd [2017] NSWSC 1194 at [41]-[46] per Parker J; Sapphire Suite…
Jefferis v Gells Pty Ltd trading as Gells Lawyers [2018] NSWDC 288
Citation 3

…egel Pty Ltd v Madden (1985) 2 NSWLR 691 AAI Ltd v State Insurance Regulatory Authority (NSW) [2016] NSWCA 368 Abbott v Klein [2015] NSWDC 45 Agricultural and Rural Finance v Gardiner (2008) 238 CLR 570 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (NT) (2009) 239 CLR 27; [2009] HCA 41 Ashton v Pr…
Parramatta Operations TC Pty Ltd trading as APX Parramatta v Consulting Professional Engineers Pty Ltd trading as Consulting Professional Engineers Pty Ltd [2018] NSWDC 202
Citation 4 (Para 2)

…pphire Suite Pty Ltd v Bellini Lounge Pty Ltd [2018] NSWDC 160, New South Wales Land and Housing Corporation v Quinn [2016] NSWCA 338, Abbott v Klein [2015] NSWDC 45, Forsyth v Deputy Commissioner of Taxation (2007) 231 CLR 531; [2007] HCA 8.…
Bendigo and Adelaide Bank Limited v Jaeger [2018] NSWDC 244
Citation 5 (Para 5)

…oup Pty Ltd v PA Putney Finance Australia Pty Ltd [2017] NSWSC 1194, Sapphire Suite Pty Ltd v Bellini Lounge Pty Ltd [2018] NSWDC 160, Abbott v Klein [2015] NSWDC 45 at [61]-[62]. 2. See Forsyth v Deputy Commissioner of Taxation (2007) 231 CLR 531; [2007] HCA 8.…
New South Wales Land and Housing Corporation v Quinn [2016] NSWCA 338
Citation 6 (Para 44)

…e Court Act reflect the fact that some proceedings are capable of assignment to multiple Divisions (referring to the discussion in Abbott v Klein [2015] NSWDC 45 at [53]-[72]).…
Mahommed v Unicomb [2016] NSWDC 114
Citation 7 (Para 28)

…tion of whether an action of this kind would fall within the Common Law Division at the relevant date is explained by Taylor SC DCJ in Abbott v Klein [2015] NSWDC 45 at [53]-[72], and I adopt his Honour’s approach to the determination of such an issue. The question is not whether such proceedings would have been b…
Xiang v Ward [2016] NSWDC 64
Citation 8 (Para 1)

…this Court raising a question about the jurisdiction conferred on this Court by s 44 of the District Court Act 1973 (see, for example, Abbott v Klein [2015] NSWDC 45, New South Wales Land and Housing Corporation v Quinn [2016] NSWDC 27). Inevitably, time, costs and judicial resources are thus expended upon this "…
New South Wales Land and Housing Corporation v Quinn [2016] NSWDC 27
Citation 9 (Para 7)

…CA 211 at [1]. Unfortunately, determinations on the jurisdiction of the District Court are not a straightforward matter: see generally Abbott v Klein [2015] NSWDC 45 at [33]-[72].…
Fitzpatrick v Marshall [2015] NSWDC 327
Citation 10 (Para 82)

…in favour of Ms Marshall over the proceeds of sale. Unlike the jurisdiction of this Court (see s 44 of the District Court Act 1973 and Abbott v Klein [2015] NSWDC 45), the District Court of Queensland had jurisdiction to determine that question, since the unimproved value of the property was less than $750,000 (se…
HP Mercantile Pty Limited v Dyce [2015] NSWDC 426
Citation 11 (Para 25)

…trade and commerce. That may deprive this Court of jurisdiction to hear the matter (see Pt 14 r 2 of the Supreme Court Rules 1970 and Abbott v Klein [2015] NSWDC 45 at [33] ‑ [72], especially [61]).…
Abbott v Klein (No 3) [2015] NSWDC 111
Citation 12 (Para 2)

…On 16 April 2015 I gave judgment in favour of the plaintiff, Adrian Abbott, for $115,610 and reserved the question of costs (see Abbott v Klein [2015] NSWDC 45).…
Abbott v Klein (No 2) [2015] NSWDC 83
Citation 13 (Para 1)

…On 16 April 2015 I gave judgment in favour of the plaintiff, Adrian Abbott, for $115,610 and reserved the question of costs: see Abbott v Klein [2015] NSWDC 45. The claim was based upon a deed which provided for payment of $100,000 on or before 15 December 2012.…
Owners Corporation SP 69106 v Impression Developer Pty Ltd (ACN 095 022 192) [2015] NSWDC 79
Citation 14 (Para 5)

…As Taylor SC DCJ, in Abbott v Klein [2015] NSWDC 45 at [33] to [50], carefully explains, this puts the Court in the cumbersome position of having to determine whether, s 44(1)(a) having been enacted on 2 February 1998, these proceedings would be assigned to the Common Law Division of the Supreme Court, this being…

See all citing cases →

Cases Cited

Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross [2015] HCA 52
Citation 1 (Para 51)

…Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 at [69], Certain Lloyd's Underwriters v Cross [2012] HCA 56; (2012) 248 CLR 378 at [23]-[25], Deputy Commissioner of Taxation v Zammitt [2014] NSWCA 104 at [67]). Further, s 44 focuses on where proceedings would be assigned “ if brought ” (i.e…
Eberstaller v Poulos [2014] NSWCA 211
Citation 2 (Para 5)

…er mistake needed to be pleaded in a Cross-Claim. As the first duty of the Court is to determine whether it has jurisdiction ( Eberstaller v Poulos [2014] NSWCA 211 at [1]), that question must be determined at the outset.…
Deputy Commissioner of Taxation v Zammitt [2014] NSWCA 104
Citation 3 (Para 51)

…at [69], Certain Lloyd's Underwriters v Cross [2012] HCA 56; (2012) 248 CLR 378 at [23]-[25], Deputy Commissioner of Taxation v Zammitt [2014] NSWCA 104 at [67]). Further, s 44 focuses on where proceedings would be assigned “ if brought ” (i.e. if commenced) in the Supreme Court, again directing attention to the or…
Kelly v Mina [2014] NSWCA 9
Citation 4 (Para 42)

…In Kelly v Mina [2014] NSWCA 9 at [60] Barrett JA (Ward and Leeming JJA agreeing) stated that an application to rescind or set aside a deed by reason of mistake “ would normally be made by way of cross-claim rather than defence as such, since it entails the making of a positive determination and order by the cour…
BHP Billiton Olympic Dam Corporation Pty Ltd v Bluestone Apartments Pty Ltd (No 2) [2013] SASC 133
Citation 5 (Para 41)

…fence. He relies upon Bitannia Pty Ltd v Parline Constructions Pty Ltd (2006) 67 NSWLR 9, Chetcuti v Scarf [2000] NSWSC 637, BHP Billiton v Bluestone [2013] SASC 133, Garrat’s v Thangathurai [2001] NSWSC 945 and Flexman v Knox Street Apartments [2004] NSWSC 1154. These cases are not authority for the proposition s…
Certain Lloyd's Underwriters v Cross [2012] HCA 56
Citation 6 (Para 51)

…roject Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 at [69], Certain Lloyd's Underwriters v Cross [2012] HCA 56; (2012) 248 CLR 378 at [23]-[25], Deputy Commissioner of Taxation v Zammitt [2014] NSWCA 104 at [67]). Further, s 44 focuses on where proceedings would be assigned…
Bushby v Dixon Holmes du Pont Pty Ltd [2012] NSWCA 90
Citation 7 (Para 48)

…In Bushby v Dixon Holmes du Pont Pty Ltd (2010) 78 NSWLR 111, Rein J dealt with this difference and favoured the wider view that s 6 allows all equitable defences, including those such as promissory estoppel that may be, in his Honour’s view, pleaded as either a Defence or a Cross-Claim, depending on what relief is so…
Bushby v Dixon Holmes du Pont Pty Ltd [2010] NSWSC 234
Citation 8 (Para 48)

…In Bushby v Dixon Holmes du Pont Pty Ltd (2010) 78 NSWLR 111, Rein J dealt with this difference and favoured the wider view that s 6 allows all equitable defences, including those such as promissory estoppel that may be, in his Honour’s view, pleaded as either a Defence or a Cross-Claim, depending on what relief is sought.…
Wilson v Interhealth Energies Pty Limited [2008] NSWSC 1137
Citation 9 (Para 47)

…The effect of this provision has been the subject of disagreement (see Wilson v Interhealth Energies Pty Limited and Anor [2008] NSWSC 1137 at [10]-[12], Taylor Farms (Aust) Pty Ltd v A Calkos Pty Ltd & Ors [1999] NSWSC 186 at [72]-[84], Yahl v Bridgeport Customs Pty Ltd (Supreme Court (NSW), Allen M, 31 July 1984,…
Forsyth v Deputy Commissioner of Taxation [2007] HCA 8
Citation 10 (Para 54)

…h v Deputy Commissioner of Taxation (2004) 62 NSWLR 132 (“ Forsyth CA ”), affirmed by the High Court in Forsyth v Deputy Commissioner of Taxation [2007] HCA 8 (“ Forsyth HC ”), decided that any variation to the provisions or effect of s 53 of the Supreme Court Act 1970 subsequent to the enactment of s 44(1) of…
Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2006] NSWCA 238
Citation 11 (Para 41)

…Mr Klein submits that he is entitled to plead mistake as a defence. He relies upon Bitannia Pty Ltd v Parline Constructions Pty Ltd (2006) 67 NSWLR 9, Chetcuti v Scarf [2000] NSWSC 637, BHP Billiton v Bluestone [2013] SASC 133, Garrat’s v Thangathurai [2001] NSWSC 945 and Flexman v Knox Street Apartments [2004] NSWS…
Forsyth v Deputy Commissioner of Taxation [2004] NSWCA 474
Citation 12 (Para 54)

…The Court of Appeal in Forsyth v Deputy Commissioner of Taxation (2004) 62 NSWLR 132 (“ Forsyth CA ”), affirmed by the High Court in Forsyth v Deputy Commissioner of Taxation [2007] HCA 8 (“ Forsyth HC ”), decided that any variation to the provisions or effect of s 53 of the Supreme Court Act 1970 subsequent to the enactment of s 44(1) of the Dis…
Roger Percival Flexman v Knox Street Apartments [2004] NSWSC 1154
Citation 13 (Para 41)

…i v Scarf [2000] NSWSC 637, BHP Billiton v Bluestone [2013] SASC 133, Garrat’s v Thangathurai [2001] NSWSC 945 and Flexman v Knox Street Apartments [2004] NSWSC 1154. These cases are not authority for the proposition submitted. Mistake was abandoned in BHP Billiton at [7] and in Flexman at [56]. The circumstance of…
Garratt's v Thangathurai [2001] NSWSC 945
Citation 14 (Para 41)

…rline Constructions Pty Ltd (2006) 67 NSWLR 9, Chetcuti v Scarf [2000] NSWSC 637, BHP Billiton v Bluestone [2013] SASC 133, Garrat’s v Thangathurai [2001] NSWSC 945 and Flexman v Knox Street Apartments [2004] NSWSC 1154. These cases are not authority for the proposition submitted. Mistake was abandoned in BHP Billi…
Chetcuti v Scarf [2000] NSWSC 637
Citation 15 (Para 41)

…hat he is entitled to plead mistake as a defence. He relies upon Bitannia Pty Ltd v Parline Constructions Pty Ltd (2006) 67 NSWLR 9, Chetcuti v Scarf [2000] NSWSC 637, BHP Billiton v Bluestone [2013] SASC 133, Garrat’s v Thangathurai [2001] NSWSC 945 and Flexman v Knox Street Apartments [2004] NSWSC 1154. These cas…
Taylor Farms (Aust) Pty Ltd v A Calkos Pty Ltd & Ors [1999] NSWSC 186
Citation 16 (Para 47)

…greement (see Wilson v Interhealth Energies Pty Limited and Anor [2008] NSWSC 1137 at [10]-[12], Taylor Farms (Aust) Pty Ltd v A Calkos Pty Ltd & Ors [1999] NSWSC 186 at [72]-[84], Yahl v Bridgeport Customs Pty Ltd (Supreme Court (NSW), Allen M, 31 July 1984, unrep), Batley v Local Court of New South Wales (Supreme…
Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 53
Citation 17 (Para 51)

…l purpose of these provisions of the Supreme Court At 1970 (see Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 at [69], Certain Lloyd's Underwriters v Cross [2012] HCA 56; (2012) 248 CLR 378 at [23]-[25], Deputy Commissioner of Taxation v Zammitt [2014] NSWCA 104 at [67]).…
Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28
Citation 18 (Para 51)

…h the procedural purpose of these provisions of the Supreme Court At 1970 (see Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 at [69], Certain Lloyd's Underwriters v Cross [2012] HCA 56; (2012) 248 CLR 378 at [23]-[25], Deputy Commissioner of Taxation v Zammitt [2014]…
Watson v Foxman [1995] NSWCA 497
Citation 19 (Para 32)

…time that has passed and the frailty of human memory, especially in respect of the precise content of conversations (see e.g. Watson v Foxman (1995) 49 NSWLR 315 at 318-319).…
Taylor v Johnson [1983] HCA 5
Citation 20 (Para 93)

…There may be another reason why Mr Klein’s claim of mistake fails. In Taylor v Johnson (1983) 151 CLR 422, 432 the majority of the High Court stated the test of mistake: “ a party who has entered into a written contract under a serious mistake about its contents in relation to a fundamental term ” will in some circum…

Legislation Cited

District Court Act 1973 (NSW) 44
2 mentions (from Para 34)
Law Reform (Law and Equity) Act 1972 (NSW) 6
2 mentions (from Para 39)
Limitation Act 1969 (NSW) 14
2 mentions (from Para 3)
Supreme Court Act 1970 (NSW) 8
2 mentions (from Para 37)
Contracts Review Act 1980 (NSW)
1 mention (from Para 3)
Fair Trading Act 1987 (WA)
1 mention (from Para 63)
Supreme Court Rules 1970 (NSW)
1 mention (from Para 60)
Trade Practices Act 1974 (Cth)
1 mention (from Para 63)
Uniform Civil Procedure Rules 2005 (NSW) 42.1
1 mention

Medium Neutral Citation:	Abbott v Klein [2015] NSWDC 45
Hearing dates:	14, 15, 16, 17, 28 October 2014 (written submissions received 17, 27-30 October 2014)
Date of orders:	16 April 2015
Decision date:	16 April 2015
Jurisdiction:	Civil
Before:	P Taylor SC DCJ
Decision:	(1)Judgment for the plaintiff in the sum of $115,610. (2)Cross-claim dismissed. (3)Matter listed for any argument in respect of costs on a date to be fixed within the next four weeks, convenient to the parties.
Catchwords:	MERCANTILE LAW - accounting services rendered – moneys due and owing for services - deed entered into – jurisdiction – whether mistake needed to be pleaded in a cross-claim - common mistake – unilateral mistake – misleading conduct – misrepresentation – whether individual or company liable for moneys owed – personal guarantee - limitation
Legislation Cited:	Contracts Review Act 1980 District Court Act 1973, s 44, s 134 Fair Trading Act 1987 Law Reform (Law and Equity) Act 1972 (NSW), s 6 Limitation Act 1969, s 14, s 63 Supreme Court Act 1970, s 8, s 53, s 54, s 55, s 58 Supreme Court Rules 1970, Pt 12 r 2, Pt 12 r 7, Pt 14 r 2 Trade Practices Act 1974 (Cth), Pt V Uniform Civil Procedure Rules 2005, r 42.1
Cases Cited:	Batley v Local Court of New South Wales (Supreme Court (NSW), Bruce J, 4 February 1998, unrep) BHP Billiton v Bluestone [2013] SASC 133 Bitannia Pty Ltd v Parline Constructions Pty Ltd (2006) 67 NSWLR 9 Bushby v Dixon Holmes du Pont Pty Ltd (2010) 78 NSWLR 111 Certain Lloyd's Underwriters v Cross [2012] HCA 56; (2012) 248 CLR 378 Chetcuti v Scarf [2000] NSWSC 637 Deputy Commissioner of Taxation v Zammitt [2014] NSWCA 104 Eberstaller v Poulos [2014] NSWCA 211 Flexman v Knox Street Apartments [2004] NSWSC 1154 Forsyth v Deputy Commissioner of Taxation (2004) 62 NSWLR 132 Forsyth v Deputy Commissioner of Taxation [2007] HCA 8 Garrat’s v Thangathurai [2001] NSWSC 945 Kelly v Mina [2014] NSWCA 9 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Taylor Farms (Aust) Pty Ltd v A Calkos Pty Ltd & Ors [1999] NSWSC 186 Taylor v Johnson (1983) 151 CLR 422 Watson v Foxman (1995) 49 NSWLR 315 Wilson v Interhealth Energies Pty Limited and Anor [2008] NSWSC 1137 Yahl v Bridgeport Customs Pty Ltd (Supreme Court (NSW), Allen M, 31 July 1984, unrep)
Category:	Principal judgment
Parties:	Adrian Howard Abbott (plaintiff) Peter Klein (defendant)
Representation:	Counsel: Mr S Goodman (plaintiff) Mr B Zipser (defendant) Solicitors: Rankin Ellison Lawyers (plaintiff) Reid & Vesely Solicitors (defendant)
File Number(s):	2013/73638
Publication restriction:	None