ALS Limited v Ecf Asia Pacific Pty Ltd

DISTRICT COURT OF QUEENSLAND CITATION: ALS Limited v ECF Asia Pacific Pty Ltd [2016] QDC 340 PARTIES: ALS LIMITED (ACN 009 657 489) (plaintiff) v ECF ASIA PACIFIC PTY LTD (ACN 602 487 721) (defendant) FILE NO/S: BD2528/2015 DIVISION: Civil PROCEEDING: Trial ORIGINATING COURT: Brisbane DELIVERED ON: 20 December 2016 DELIVERED AT: Brisbane HEARING DATE: 3, 4 and 15 December 2015 JUDGE: Horneman-Wren, SC, DCJ ORDER: 1.   The plaintiff have judgment against the defendant for $127,174.72 for damages and $13,497.06 for interest I will hear the parties as to whether an order that the plaintiff be notified of the Updated DTA for the quarter ended 30 April 2015 calculated in accordance with cl. 3.5(c) as construed in these reasons ought to be made and, if so, as to its terms.2.    3.   I will hear the parties as to costs. CATCHWORDS: CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES -  CONSTRUCTION AND INTERPRETATION OF CONTRACTS – where the plaintiff as shareholder, and the defendant as buyer, entered into a share sale agreement– where the plaintiff alleges breach of contract – where the plaintiff claims that the defendant has failed to pay it an amount of $124,174.72 which it alleges is payable under the proper construction of Clause 3.5(d) – whether $127.174.72 is payable upon the proper construction of the contract – where dispute as to construction of Clause 3.5 –  whether if Clause 3.5 were to be construed without recourse to matters external to the share sale agreement, the construction contended for by the...