KCPC Pty Ltd v Ivamar Pty Ltd

COURT OR TRIBUNAL

Supreme Court of New South Wales

DATE FILED (OR FIRST HEARING DATE)

14/07/2020

LITIGATION TYPE

Corporate Accountability

SUBJECT MATTER

Other

REVIEW TYPE

Judicial review

SUMMARY

CONTRACTS — Breach of contract — Breach of lease — Breach of agreement — Maintain herd profile — Whether there is a shortfall of cattle — Onus of proof — Briginshaw principles — Probability of a shortfall

CONTRACTS — Construction of a contract — Falsa demonstratio non nocet — Rectification — Error — Absurdity — Objective intention.

CONTRACTS — Formation of a contract — Offer and acceptance — Failure to unequivocally accept.

CONSUMER LAW — S 18 of Australian Consumer Law — Misleading or deceptive conduct — Reliance on representation — Loss suffered from sale of cattle — Whether relived of obligations otherwise under contract — Damages.

This case concerns a private contract for revenue from sales being dedicated to improving productivity and reducing carbon emissions such as solar panels for pumping water or reducing electricity grid consumption.

CASE DOCUMENTS

KCPC Pty Ltd v Ivamar Pty Ltd [2024] NSWSC 322
KCPC Pty Ltd v Ivamar Pty Ltd (No 2) [2024] NSWSC 655