Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7:
1. By Amended Statement of Claim filed on 19 July 2024, Collappor8 Pty Ltd ('C8') sought damages, interest and costs against the City of Liverpool Chamber of Commerce & Industry Incorporated ('the Chamber').
2. C8 carries on the business of providing "management services". The Chamber is a not-for-profit local Chamber of Commerce.
3. On 27 May 2022, C8 and the Chamber entered into a contract under which C8 was to provide specified services to the Chamber in exchange for payment ("the contract"). C8 alleges in the Statement of Claim that the contract was partly written and partly oral, but, in the course of the trial, submitted that there were, in fact, no terms agreed orally so that the written contract contains all of the terms. The Chamber agreed with this, in the course of the hearing.
4. C8 says that it has complied with all of its obligations under the contract and alleges that the Chamber has refused or neglected to pay C8 in accordance with the terms of the contract.
5. C8 alleges that the Chamber owes it, under the contract, a further $108,310.14 for work which has been the subject of various invoices, and a further sum of $55,500 (excluding GST) representing 50% of the grants obtained by the Chamber, which is the subject of invoice Inv-2269 issued by C8 to the Chamber. The total claim is $163,810.14.
6. The Chamber and C8 differ as to the basis upon which it was agreed that C8 would be paid.
7. The Chamber denies that C8 is entitled to the further payments sought.
8. It is common ground that the Chamber has paid C8 the sum of $69,795 under the contract.
9. At the trial, documentary evidence was tendered. Oral evidence was given in C8's case by Ms Johnston, a director of C8, and Ms Ostermeyer, who is also a director of C8. Oral evidence was given in the Chamber's case by Mr Karam, the President of the Chamber, and Ms Hume, a former director and accountant of the Chamber.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1987dde0bb7e9ad3ef27ed59)
Disclaimer: Curated by HT Syndication.