BETTER SPRINKLER SYSTEMS PTY LTD V KOUSSIDIS [1999] SASC 291
Full Court of the Supreme Court of SA – 5 July 1999
FACTS
Koussidis ran a building business which over the years operated as a partnership or a company.
Before 1985 he had maintained a personal account with the Premier Service Station in Adelaide. In 1985, Better Sprinkler purchased the service station and the personal account with Koussidis was maintained.
During the following years employees of Koussidis, including his son, purchased petrol using the personal account. The building company controlled by Koussidis which had been paying the accounts went into liquidation. Better Sprinkler sued
Koussidis for $30,000 owing for petrol sold to Koussidis and his employees and son.
Koussidis claimed that the original contract between Better Sprinkler and Koussidis had been novated to the company in liquidation and the outstanding balance was owed by that company.
ISSUES
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