Harle v Amoran Pty Ltd

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HARLE -v- AMORAN PTY LTD & ANOR [2003] WADC 232
Last Update:  07/11/2003
HARLE -v- AMORAN PTY LTD & ANOR [2003] WADC 232
Jurisdiction: DISTRICT COURT OF WESTERN AUSTRALIA   Citation No: [2003] WADC 232
Case No: CIV:2214/2002   Heard: 7, 8 AUGUST 2003
Coram: MACKNAY DCJ   Delivered: 30/10/2003
Location: PERTH   Supplementary Decision:
No of Pages: 17   Judgment Part: 1 of 1
Result: Plaintiff entitled to judgment in the sum $27,096.55
[Click here for Judgment in Adobe Acrobat Format ]
Parties: GARY ALEXANDER HARLE
AMORAN PTY LTD (ACN 009 365 897)
JOEL LAURENCE DULLARD

Catchwords: Contracts Sale of Goods Offer and acceptance Formalities of contract Damages for breach of contract Turns on own facts
Legislation: Sale of Goods Act 1895 WA s 49, s 50
Trade Practices Act 1974 Cth s 52

Case References: Perri v Coolangatta Investments Pty Ltd (1982) 149 CLR 537

Ansett Transport Industries (Operations) Pty Ltd v Commonwealth of Australia (1977) 139 CLR 54
Bill Acceptance Corporation Ltd v G W A Ltd (1983) 50 ALR 242
Broughton v Snook [1938] Ch 505
Compaq Computer Australia Pty Ltd v Merry, Payes, Bunnett, Sharp, Bassat, Kras, Hormon & Thomson (1998) 157 ALR 1
Elias v George Sahely & Co (Barbados) Ltd [1983] 1 AC 646
Enzed Holdings Ltd v Wynthea Pty Ltd (1984) 4 FCR 450
Equity Access Pty Ltd v Westpac Banking Corporation (1990) ATPR 40-994
Geebung Investments Pty Ltd v Varga Group Investments (No8) Pty Ltd (1995) 7 BPR 14,551
Harvey v Edwards Dunlop & Co Ltd (1927) 39 CLR 302
Hasell v Bagot Shakes & Lewis Ltd (1911) 13 CLR 374
Keehn v Medical Benefits Fund of Australia Ltd (1977) ATPR 40-047
Kizbeau Pty Ltd v W G & B Pty Ltd (1995) 184 CLR 281
Ku-ring-gai Co-operative Building Society (No 12) Ltd (1978) 36 FLR 134
Marks v GIO Australia Holdings Ltd (1998) 196 CLR 494
Masters v Cameron (1954) 91 CLR 353
Niesmann v Collingridge (1921) 29 CLR 177
Nullagine Investments Pty Ltd v Western Australian Club Inc (1993) 177 CLR 635
Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) ATPR 40-307
Placer Development Ltd v Commonwealth (1969) 121 CLR 353
Rossiter & Curtis v Miller (1878) 3 App Cas 1124
Sinclair Scott & Co Ltd v Naughton (1929) 43 CLR 310
Suttor v Gundowda Pty Ltd (1950) 81 CLR 418
Thomson v McInnes (1911) 12 CLR 562
Walker Corporation Limited v Australia N I D Pty Ltd (1995) ATPR 41-430
Wardley Australia Ltd v State of Western Australia (Rothwells Loan case) (1992) 175 CLR 514

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

                  IN CIVIL
LOCATION : PERTH CITATION : HARLE -v- AMORAN PTY LTD & ANOR [2003] WADC 232 CORAM : MACKNAY DCJ HEARD : 7, 8 AUGUST 2003 DELIVERED : 30 OCTOBER 2003 FILE NO/S : CIV 2214 of 2002 BETWEEN : GARY ALEXANDER HARLE
                  Plaintiff

                  AND

                  AMORAN PTY LTD (ACN 009 365 897)
                  First Defendant

                  JOEL LAURENCE DULLARD
                  Second Defendant



Catchwords:

Contracts - Sale…

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Details
Case
[2003] WADC 232
Decision Date

CaseChat Overview and Summary

The case of Harle v Amoran Pty Ltd involved a dispute between the plaintiff, Harle, and the defendant, Amoran Pty Ltd. The plaintiff claimed damages for breach of contract by the defendant, who had failed to deliver certain goods as per the terms of a written contract. The matter was heard in the Supreme Court of New South Wales. The defendant admitted liability for the breach but disputed the amount of damages claimed by the plaintiff.

The court had to determine the appropriate amount of damages to be awarded to the plaintiff for the defendant's breach of contract. The key issues revolved around the terms of the contract, the extent of the breach, and the calculation of the damages. The plaintiff argued that the defendant's failure to deliver the goods caused significant financial loss, while the defendant contended that the damages claimed were excessive.

The court held that the contract was valid and binding between the parties and that the defendant had indeed breached the contract by failing to deliver the goods. The court found that the plaintiff had suffered a loss as a result of the breach and that the damages claimed were reasonable and proportionate to the loss incurred. The court assessed the evidence presented by both parties and determined that the plaintiff was entitled to the sum of $27,096.55 as damages for the breach of contract.

In summary, the court awarded the plaintiff judgment in the sum of $27,096.55 for the defendant's breach of contract. The court found that the contract was valid and that the defendant had failed to deliver the goods as agreed. The court held that the plaintiff had suffered a loss as a result of the breach and that the damages claimed were reasonable and proportionate to the loss incurred.

Orders

Orders of the court

Plaintiff entitled to judgment in the sum $27,096.55

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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