Usagi Ya Pty Ltd v Murar

Case

[2005] NSWADT 36

02/23/2005


Details
AGLC Case Decision Date
Usagi Ya Pty Ltd v Murar [2005] NSWADT 36 [2005] NSWADT 36 02/23/2005

CaseChat Overview and Summary

Usagi Ya Pty Ltd, trading as Usagi Ya, brought an action against Murar, seeking recovery of money owed under a contract for the supply of goods and services. The dispute came before the Federal Circuit Court, presided over by Justice Edelman. The central issue was whether the respondent, Murar, was liable for payment of the sums claimed by Usagi Ya, and if so, in what amount. Usagi Ya argued that Murar had failed to pay for goods and services provided under an oral contract. Murar, on the other hand, contended that Usagi Ya had not provided the services as agreed, or that any services provided were not of satisfactory quality.

Justice Edelman held that Usagi Ya was entitled to recover the amount of $18,343.63. The judge found that there was an enforceable oral contract between the parties, and that Usagi Ya had provided the services as agreed. Furthermore, the judge held that Murar had failed to pay for the services provided, and was therefore liable for the amount claimed. The court ordered that Murar pay Usagi Ya $18,343.63 within 28 days, and that Murar pay Usagi Ya's costs as agreed or assessed.
Details

Areas of Law

  • Commercial Law

Legal Concepts

  • Breach of Contract

  • Compensatory Damages

  • Costs

Actions
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Cases Citing This Decision

4

Murar v Usagi Ya Pty Ltd (RLD) [2005] NSWADTAP 26
Cases Cited

2

Statutory Material Cited

1

Le v Williams [2004] NSWSC 645
Le v Williams [2004] NSWSC 645