Brodie Agencies Pty Ltd v Edwards

DISTRICT COURT OF QUEENSLAND

CITATION:

Brodie Agencies Pty Ltd v Edwards [2015] QDC 256

PARTIES:

BRODIE AGENCIES PTY LTD

(plaintiff)

v

ANDREW DARCY EDWARDS

(defendant)

FILE NO/S:

1176 of 2014

DIVISION:

Civil  

PROCEEDING:

Trial

ORIGINATING COURT:

Queensland District Court at Brisbane 

DELIVERED ON:

14 October 2015

DELIVERED AT:

Brisbane 

HEARING DATE:

1, 2 June, 24 July, 4 September 2015

JUDGE:

Butler SC DCJ

ORDER:

There will be judgment for the plaintiff.1.          

I will hear the parties as to costs and any further orders that may be appropriate.2.          

CATCHWORDS:

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – IMPLIED TERMS AND CONDITIONS – where there was a contract for purchase of cattle – where a further agreement was signed varying the quantity and price – where the defendant did not make payment for cattle delivered – where the plaintiff is seeking orders for recovery of the cattle and payment of the outstanding debts – where the defendant counterclaims for breach of contract and misleading or deceptive conduct

Competition and Consumer Act 2010 (Cth) ss 18, 20

Sale of Goods Act 1896 s 16

COUNSEL:

A.C. Harding for the plaintiff

Self-represented defendant

SOLICITORS:

Macpherson and Kelly Lawyers for the plaintiff

Self-represented defendant

1. The defendant, Andrew Edwards, was in the business of trading and breeding cattle.  He entered into a contract dated 6 July 2013 for the purchase of 1,100 heifers and 400 steers on behalf of Warana Pastoral Company.  The other parties to the contract were Deracroft Pty Ltd (the vendor), that supplied the livestock, and Brodie Agencies Pty Ltd (the plaintiff), a stock and station agency.

1. Approximately 1,220 cattle were delivered of which about half were steers.  The contract provided for payment to be made in three instalments over a nine month period.  Upon receipt of the cattle the defendant asserted they were light in weight.  He contended the average weight of the cattle fell below that described in written and oral communications to him by the vendor’s agent prior to the contract being signed.

1. Following the defendant’s complaint the parties engaged in negotiations and a further agreement dated 12 August 2013 was executed.  That agreement was for the sale of the 610 steers and 609 heifers already delivered to the defendant at a reduced price per head.  Payment was to be made in three instalments, the last due 12 June 2014.  

1. The defendant has made no payment whatsoever for the cattle.

1. The plaintiff sues for a debt due and owing in the sum of $329,157 and seeks further relief by way of orders for the preservation, recovery and sale of the cattle delivered.

1. Although Brodie Agencies Pty Ltd was the vendor’s agent in the sale it now brings the action as plaintiff in reliance upon a written assignment by the vendor of all rights and entitlements under the contract.  The defendant was given notification of that written agreement.

1. The defendant appeared on his own behalf at trial. Although the defendant was not legally represented before the court, his pleadings were prepared…