CONTRACT & COMMERCIAL BUSINESS DISPUTES

A contract is essentially a promise by one person to provide something to another person in return for value, and with the intention of the persons that they create a legal relationship between themselves.

The contract may be oral (verbal), or in writing (including handwriting), or partly oral and partly in writing.

If one of the contracting parties does not act in accordance with the contract, that may give the innocent party certain rights which can be enforced in court.

Whether a barrister (link to what is a barrister) is required, often depends upon the seriousness of the matter, or the amount of money involved. Generally speaking (and there are exceptions) a dispute involving less than say $40,000, does not warrant the retention of a barrister, as a competent solicitor should be able to handle it. However, if you are in doubt, check with me.

CONTRACTUAL CASES IN WHICH KIM MORRISSEY HAS APPEARED

(a) My client had insured his motor vehicle against theft and damage, with a well known national insurer. The car was stolen and damaged beyond repair and the insurer refused to pay the claim, mainly because it formed the view that an original key had been used to drive the car to the place where it was destroyed. My client denied any involvement in the theft, and successfully brought a claim in the District Court of NSW against the insurer for the insured value of the car, and his legal costs.

(b) My client had an oral agreement with a licensed club to conduct card games at the club for profit for a specified time. The club attempted to cancel the agreement before the end of the specified time, and my client commenced proceedings in the Local Court for damages for breach of contract.

(c) My client agreed to purchase a motel business for a substantial some of money which he borrowed. He relied upon some representations made by the former owner of the motel business about the profitability of the motel business. Shortly after he took possession of the new business, he became aware that the representations made to him were untrue. He commenced proceedings in the Supreme Court for breach of contract and under the Trade Practices Act 1974 (Commonwealth) for unconscionable conduct and false and misleading representation.

(d) My client owned a hardware store in regional N.S.W. An agent for a large finance company approached him and he agreed to have an ATM cash machine installed in his shop, providing it was in by Christmas. The machine was to be financed by the finance company. The machine was delivered but not supplied with cash or installed before Christmas. My client asked a representative of the finance company to remove the machine and cancel the agreement. The machine was removed but the finance company pressed my client for future instalments under the agreement.

(e) My client made an oral (verbal) agreement to hire out his orchard equipment to an orchardist at a daily rate with usage details to be provided by the orchardist to my client. After a while, the orchardist refused to provide usage details. He stopped making payment, but continued using the machinery. The court held that the contract was enforceable and the orchardist was ordered to pay the amount owing for the machinery.

In N.S.W., contractual disputes are generally determined in the Federal Court of Australia, the Supreme Court of N.S.W., the District Court of N.S.W., of local courts.

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