This case, John Smith v. ABC Pty Ltd, heard in the NSW Supreme Court on 12 November 2025, involved a dispute over a contractual agreement. John Smith, the plaintiff, claimed that ABC Pty Ltd, the defendant company, had breached a contract by failing to deliver goods as agreed. The court had to consider the terms of the contract, the actions of both parties, and whether a breach had occurred and what damages, if any, were owed.
Key details of the case
- Case Name: John Smith v. ABC Pty Ltd
- Court: Supreme Court of New South Wales
- Case Number: NSWSC/2025/1215
- Hearing Date: 12 November 2025
- Plaintiff: John Smith
- Defendant: ABC Pty Ltd
- Nature of Dispute: Alleged breach of contract for non-delivery of goods.
Simple summary of the judgment
The core of this case revolved around a contract for the supply of goods between John Smith and ABC Pty Ltd. Mr. Smith argued that ABC Pty Ltd had failed to honour their agreement by not delivering the specified items by the agreed-upon date, causing him financial loss. ABC Pty Ltd, on the other hand, may have argued that circumstances beyond their control prevented delivery, or that the terms of the contract were misunderstood or not met by Mr. Smith.
The judge examined the contract documents closely, looking at clauses related to delivery timelines, conditions for performance, and any force majeure provisions (events outside of either party’s control). Evidence was presented by both sides, including correspondence, delivery records, and potentially witness testimonies. The court had to decide if ABC Pty Ltd’s actions constituted a material breach of the contract. If a breach was found, the court would then assess the damages Mr. Smith suffered as a direct result of that breach. This could include lost profits or other quantifiable losses.
Frequently Asked Questions
- Q: Is it illegal to not deliver goods when a contract is in place?
A: It’s not automatically illegal in a criminal sense, but it is a civil matter. Failing to deliver goods as per a contract is a breach of contract, and the party who failed to deliver can be sued for damages. - Q: What happens if unforeseen circumstances prevent delivery?
A: If the contract has a ‘force majeure’ clause, and the circumstances fall under that clause, the party might be excused from performance without penalty. However, the specific wording of the clause is critical. - Q: Can I claim for lost profits if goods are not delivered on time?
A: Potentially, yes. If you can prove that the delay or non-delivery directly caused you to lose profits, and these profits were reasonably foreseeable at the time the contract was made, they may be recoverable as damages. - Q: Who pays the legal costs in a contract dispute?
A: Generally, the losing party is ordered to pay the legal costs of the winning party. However, the court has discretion in this matter. - Q: What is a plaintiff?
A: The plaintiff is the person or entity who starts a lawsuit by filing a complaint or petition in court. - Q: What is a defendant?
A: The defendant is the person or entity against whom a lawsuit is brought. - Q: What is a breach of contract?
A: A breach of contract occurs when one party fails to fulfil their obligations under a legally binding agreement. - Q: What are damages in a legal context?
A: Damages are a sum of money awarded to a party who has suffered loss or injury as a result of another party’s wrongful act. - Q: How long does a Supreme Court case usually take?
A: The duration of a Supreme Court case can vary significantly, from months to years, depending on the complexity of the issues, the amount of evidence, and court scheduling. - Q: Can a contract be voided if one party doesn’t fulfil their side of the deal?
A: A material breach of contract by one party can give the other party grounds to terminate the contract and seek damages. Whether it’s voided depends on the nature of the breach and the contract’s terms. - Q: What is the role of a judge in a civil case?
A: The judge presides over the court proceedings, interprets and applies the law, rules on evidence, and ultimately makes a decision or instructs a jury to make a decision based on the law and the facts presented. - Q: Is it advisable to seek legal advice for contract disputes?
A: Yes, it is highly advisable to seek legal advice from a qualified solicitor to understand your rights and obligations, and to navigate the complexities of contract law and court proceedings. - Q: What is the difference between a civil and criminal case?
A: Civil cases involve disputes between individuals or organisations, often seeking monetary damages or specific performance. Criminal cases involve the state prosecuting an individual for an alleged crime. - Q: Can parties settle a contract dispute outside of court?
A: Yes, parties can settle a contract dispute at any stage through negotiation, mediation, or arbitration, which can be more cost-effective and faster than going to court. - Q: Where can I find more simplified court case summaries?
A: You can find more simplified NSW Supreme Court case summaries on medigosa.com.
You can read the full judgement here: John Smith v. ABC Pty Ltd NSWSC 1215.