BBQ Smokers Australia Pty Ltd Mainfreight International Pty Ltd [2019] NSWSC 1733

BBQ Smokers Australia Pty Ltd Mainfreight International Pty Ltd [2019] NSWSC 1733

The Magistrate gave sufficient reasons for assessing loss of profits at $20,160. Her Honour explained that BBQ Smokers was a start-up business, that a commencement date for the whole of December 2015 was not established, that only part of December would have been revenue raising, and that the expert assessment required adjustment. Her Honour also gave reasons for not accepting lost profits for April, May and June 2016, including that repaired stock remained available to be sold. No error of law was shown, so the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
09 December 2019
Procedural Posture
Appeal From Local Court Civil Proceedings / Appeal to the Supreme Court of New South Wales From Decisions Dated 24 May 2019 and 31 May 2019
Outcome
Appeal dismissed; Local Court decision affirmed; summons dismissed; plaintiff ordered to pay defendant's costs on an ordinary basis.
Legal Topics
['appeal From Local Court on a Question of Law' 'adequacy of Reasons' 'assessment of Economic Loss' 'loss of Profits' 'delayed and Damaged Shipment' 'costs']
['civil Procedure' 'appeals' 'contract Damages' 'transport and Freight'] ['appeal From Local Court on a Question of Law' 'adequacy of Reasons' 'assessment of Economic Loss' 'loss of Profits' 'delayed and Damaged Shipment' 'costs']

Case Brief

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Procedural Posture

Appeal From Local Court Civil Proceedings / Appeal to the Supreme Court of New South Wales From Decisions Dated 24 May 2019 and 31 May 2019

Legal Issues

  1. 1 ["Whether the Magistrate erred in law in assessing BBQ Smokers' loss of profits at $20,160" 'Whether the Magistrate gave sufficient reasons for the award for loss of profits' 'Whether the costs order should be varied if the appeal succeeded']

Ratio Decidendi

The Magistrate gave sufficient reasons for assessing loss of profits at $20,160. Her Honour explained that BBQ Smokers was a start-up business, that a commencement date for the whole of December 2015 was not established, that only part of December would have been revenue raising, and that the expert assessment required adjustment. Her Honour also gave reasons for not accepting lost profits for April, May and June 2016, including that repaired stock remained available to be sold. No error of law was shown, so the appeal was dismissed.

Court Disposition

Appeal dismissed; Local Court decision affirmed; summons dismissed; plaintiff ordered to pay defendant's costs on an ordinary basis.

Orders

  • ['The appeal is dismissed.' 'The decision of her Honour Magistrate Kennedy dated 31 May 2019 is affirmed.' 'The summons filed 21 June 2019 is dismissed.' "The plaintiff is to pay the defendant's costs on an ordinary basis."]