Oil Drilling & Exploration (Borneo) Pty Limited & Anor v Nerdlihc Company Inc & Anor [2005] NSWSC 298

Oil Drilling & Exploration (Borneo) Pty Limited & Anor v Nerdlihc Company Inc & Anor [2005] NSWSC 298

Because the defendants had defaulted and judgment had been entered with damages to be assessed, liability on the pleaded causes of action was established. The evidence of the unpaid invoices, the contractual payment and interest clauses, and the absence of contrary evidence supported assessment of Nerdlihc's contractual liability at $15,738,861.89. The later letter agreements did not extinguish liability under the September 2000 drilling contract because the stipulated payments were not made, and the later drilling contracts did not reduce liability because the plaintiffs claimed only the lower original rates. For the Trade Practices Act claim, the appropriate assessment was the...

Jurisdiction
Australia
Judgment Date
05 April 2005
Procedural Posture
Commercial List Proceedings Concerning Assessment of Damages for Contract and Trade Practices Act Claims / Assessment of Damages After Judgment for the Plaintiffs Against the Defendants, With Damages to Be Assessed
Outcome
Judgment entered for the first plaintiff against the first defendant and the second defendant; defendants ordered to pay costs.
Legal Topics
['assessment of Damages' 'breach of Contract' 'misleading and Deceptive Conduct' 'double Recovery' 'several Liability' 'loss of Chance' 'interest on Unpaid Invoices']
['contract' 'trade Practices Act' 'damages'] ['assessment of Damages' 'breach of Contract' 'misleading and Deceptive Conduct' 'double Recovery' 'several Liability' 'loss of Chance' 'interest on Unpaid Invoices']

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Procedural Posture

Commercial List Proceedings Concerning Assessment of Damages for Contract and Trade Practices Act Claims / Assessment of Damages After Judgment for the Plaintiffs Against the Defendants, With Damages to Be Assessed

Legal Issues

  1. 1 ['Whether the evidence permitted a meaningful assessment of damages.' 'Whether contractual damages could be assessed where the plaintiffs pleaded contracts cumulatively or in the alternative.' 'Whether the first plaintiff was entitled to recover unpaid invoices and contractual interest from Nerdlihc under the September 2000 drilling contract.' 'Whether the first plaintiff was entitled to damages and interest for misleading conduct under s.52 of the Trade Practices Act against Mr Knowlton.' 'Whether damages under the Trade Practices Act claim overlapped with damages under the drilling contract claim.']

Ratio Decidendi

Because the defendants had defaulted and judgment had been entered with damages to be assessed, liability on the pleaded causes of action was established. The evidence of the unpaid invoices, the contractual payment and interest clauses, and the absence of contrary evidence supported assessment of Nerdlihc's contractual liability at $15,738,861.89. The later letter agreements did not extinguish liability under the September 2000 drilling contract because the stipulated payments were not made, and the later drilling contracts did not reduce liability because the plaintiffs claimed only the lower original rates. For the Trade Practices Act claim, the appropriate assessment was the...

Court Disposition

Judgment entered for the first plaintiff against the first defendant and the second defendant; defendants ordered to pay costs.

Orders

  • ['Order that judgment be entered for the first plaintiff against the first defendant in the amount of $15,738,861.89.' 'Order that judgment be entered for the first plaintiff against the second defendant in the amount of $1,168,472.86.' "Order that the defendants pay the plaintiffs' costs, such liability of the...