Kozul in Her Capacity as the Administrator of the Estate of Kozul v T-Pack Australia Pty Limited

The applicant, Ms Kozul, in her capacity as the administrator of the estate of the late Mr Kozul, brought proceedings against the respondent, T-Pack Australia Pty Limited, in the County Court of Victoria. The dispute concerned the respondent's alleged breach of a contract for the supply of goods, specifically a consignment of 10,000 units of a product known as "Kozul's Best" branded olive oil. The applicant sought damages for the loss allegedly suffered by the estate as a result of the respondent's failure to deliver the goods as agreed.

The central legal issue before the court was whether the respondent had breached the contract by failing to deliver the olive oil. This required the court to determine if a binding contract for the sale of the goods had been formed, and if so, whether the respondent had a valid defence or excuse for its non-performance. The court also had to consider the applicant's entitlement to damages, including the assessment of any loss suffered.

Judge O'Sullivan found that a binding contract had indeed been formed between the parties. The court reasoned that the exchange of emails and subsequent conduct of the parties demonstrated a clear intention to be legally bound, with an agreement on essential terms such as the product, quantity, and price. The respondent's contention that the agreement was subject to a condition precedent, namely the approval of a sample, was rejected. The court found that while a sample had been provided, there was no evidence that its approval was a condition precedent to the formation of the contract or that the sample was unsatisfactory. Consequently, the respondent's failure to deliver the goods constituted a breach of contract. The court proceeded to assess the damages payable to the applicant.