National Auto Glass Supplies (Australia) Pty Limitedv Nielsen and Moller Autoglass (NSW) Pty Limited (No 5)

The matter before the court involved a dispute between two companies, National Auto Glass Supplies (Australia) Pty Limited, the plaintiff, and Nielsen and Moller Autoglass (NSW) Pty Limited, the first defendant, with Nielsen and Moller Autoglass (Queensland) Pty Limited, the second defendant, also implicated. The plaintiff alleged that the defendants had breached a distribution agreement by selling auto glass products outside the agreed territories. The dispute came before the Supreme Court of New South Wales.

The central legal issues the court needed to address were whether the defendants had indeed breached the distribution agreement and if so, the extent of the damages owed by the defendants to the plaintiff. The court also had to consider the appropriate remedy for the breach, including whether to grant an injunction to prevent further sales outside the agreed territories.

The court examined the terms of the distribution agreement between the parties, the conduct of the defendants, and the evidence presented regarding the sales outside the agreed territories. It found that the defendants had indeed breached the agreement by selling products outside the designated areas. The court held that the breach was significant and warranted a remedy. Consequently, the court ordered the second defendant to be excused from giving further evidence in the case, as the evidence presented by the plaintiff was sufficient to establish the breach. The court also indicated that it would consider the appropriate remedy, including the possibility of an injunction and damages, in its final judgment.