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Shield Mercantile v Citigroup [2013] NSWSC 117 (28 February 2013)

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http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/117.html

CONTRACTS – breach of contract – breach of essential term, or alternatively, serious breach of a non-essential term – termination

CONTRACTS – repudiation – acceptance of repudiation

CONTRACTS – repudiation – where both parties partially misconstrue a term of the contract – where defendant failed to comply with demands purportedly made pursuant to the terms of the contract – no repudiation if the relevant demand was not wholly a requirement of the contract

TRADE & COMMERCE – misleading or deceptive conduct – representations – no reliance

ESTOPPEL – equitable estoppel – whether plaintiff estopped from resiling from assumption that all files referred to the defendant were appropriately classified – no reliance
DAMAGES – damages for loss of benefit of the contract and likely renewals – no loss proved


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