For the case of Sopov v Kane Constructions Pty Ltd (No 2) [2009]‚ the appellant engaged the respondent as contractor in a construction project. The appellant repudiated the contract by wrongly calling on the respondent’s bank guarantee‚ in response to which the respondent terminated the contract and claimed damages for quantum meruit. The Court of Appeal applied the NSW Court of Appeal decision in Renard Constructions (ME) Pty Ltd v Minister for Public Works (1992) 26 NSWLR 234 which provided that
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CASE NOTE Gammasonics Institute for Medical Research Pty Ltd v Comrad Medical Systems Pty Ltd [2010] NSWSC 267 New South Wales Supreme Court‚ heard by Fullerton J Gammasonic v Comrad[1] demonstrates the reluctance of the courts to interpret the Sale of Goods Act to include software downloads as a “good”‚ preferring to leave the matter up to statutory review. It primarily discusses whether a software package delivered by online download is effectively classed as “goods" for application of
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the 2008 smaller growth can be attributed to the GFC or that business expansion has slowed. This can be noticed in the Financial reports list of businesses owned by billabong increasing‚ from; “Billabong”‚ “Von Zipper”‚ “Element” and “Honolua Surf Co” in 2004 to the addition of; “Kustom”‚ “Palmers”‚ “Nixon”‚ “XCEL”‚ “Tigerlily”‚ “Sector 9” and Dakine up to 2008‚ this gives Billabong International a larger stake at market share‚ with their brands dominating surf shop shelves. Also with the addition
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Chappell & Co Ltd v The Nestlé Co Ltd [1959] 2 All ER 701 House of Lords Nestlé‚ manufacturers of wrapped chocolate bars‚ advertised for sale‚ as part of an advertising campaign‚ the record ’Rockin’ Shoes’. The price of the record was 1s 6d plus three wrappings from their 6d chocolate bars. Chappell‚ who were the sole licensees of the copyright of ’Rockin’ Shoes’‚ claimed that Nestlé had infringed their copyright and sought injunction and damages. Nestlé claimed that they were entitled to
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for Computers Pty Ltd. Due to Chu’s senior position knows the identity and requirements of the company’s major clients. In March 2007‚ Chu decides to retire and agrees to not compete against the company in NSW for two years. However in April 2007‚ Systems Pty Ltd actively solicits business from the customers of Computers Pty Ltd in NSW and Chu’s wife is the sole director for Systems Pty Ltd. After 1 July 2007 Computers Pty Ltd reorganized their company and now called Software Pty Ltd. The problem
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Introduction: Naa Gee Pty Ltd is a large proprietary company that is owned by the Ma and Banks families and have been trading in the furniture manufacturing business for over 30 years. The company has 6 shareholders from within the two families and they does not have any shareholder from the outside. The company’s main working force consists of 20 employees and 5 of which are employed regularly. They have little debt (mainly bank loan of $500‚000)‚ more than $15 million of assets and turnover of
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Benefits of Process Model The operation of milk production in Carrie Milk Products Pty. Ltd (CMP) consists of many processes. Process model can be used to portray current systems at CMP. Process model is a sequential representation of process tasks in a company. Integration of activities from different departments is clearly captured in the process model. It is crucial for every worker of CMP to understand the process of producing milk and other milk-produced products. A better understanding of
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FACTS OF THE CASE Southern Fairway Investments Pty. Ltd.‚ and Jakabar Pty Ltd (second defendant‚ and it being a wholly subsidiary company from the First Defendant) performed a Memorandum of Understanding or “MOU”. The MOU was executed in the way of a “deed” on the 12 of June 2008 where the parties would “use reasonable endeavours to negotiate by 30 august 2008 (and in any event no later than 30 October 2008) a Gas Supply Agreement” with the purpose to end of entering into a GSA (Gas Supply Agreement)
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Case study on Pastizzi café Pty Ltd v Hossain (No 4) NSWSC 808 (28 July 2011) There are some Certain legal issues which are critically involved in this case the decision regarding this case usually came from the supreme court of new south wales. 1. It has been observed that there has been contravention of non observance by the offender by discarding the prosecutor out from the building regarding the profit and loss account and goodwill of the company. 2. It has been observed that the
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http://www.studymode.com/subjects/souter-v-shyamba-pty-ltd-page1.html Salomon v Salomon & Co Ltd (1897)- company is a separate legal entity Lee v Lee’s Air Farming (1961) Case Summary: The facts disclosed that in 1954‚ Mr. Lee had formed the respondent company carrying on the business of crop spraying from the air. Mr. Lee owned 2‚999 of the company’s 3‚000 shares. Apart from that‚ he also was the company’s governing director whereby he had appointed himself as the only pilot of the company
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