Junair Spraybooths ANZ Pty Ltd v Rydalmere Prestige Smash Repairs Pty Ltd (No. 2) [2019] NSWDC 459

Junair Spraybooths ANZ Pty Ltd v Rydalmere Prestige Smash Repairs Pty Ltd (No. 2) [2019] NSWDC 459

RPSR's extra labour damages must be recalculated only on the basis of one additional labourer for the two financial years identified in Mr Mullins' report, because extending the period would exceed the liberty granted and would unfairly prejudice Junair. RPSR's claim for interest was not barred by the pleading because the claim for interest was sufficient in context and Junair should have sought clarification if needed. Interest on extra labour costs should be calculated by reference to the two financial years in Mr Mullins' evidence. Interest on replacement value damages should run from 29 November 2018 to 30 July 2019 because RPSR was kept out of the value of non-defective goods, but...

Jurisdiction
Australia
Judgment Date
03 September 2019
Procedural Posture
Civil Proceeding Concerning Damages, Pre Judgment Interest and Costs / On the Papers After Earlier Judgment, Settling Short Minutes and Disputed Calculations
Outcome
The Court gave reasons and directions for recalculation of remaining damages and pre-judgment interest issues, ordered by consent that Junair pay RPSR's costs up to 30 July 2019, made no costs order for the subsequent period, and directed further short minutes of order.
Legal Topics
['calculation of Extra Labour Expenses' 'pre Judgment Interest' 'replacement Value Damages' 'costs Orders' 'short Minutes of Order']
['civil Procedure' 'damages' 'costs' 'sale of Goods'] ['calculation of Extra Labour Expenses' 'pre Judgment Interest' 'replacement Value Damages' 'costs Orders' 'short Minutes of Order']

Case Brief

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Procedural Posture

Civil Proceeding Concerning Damages, Pre Judgment Interest and Costs / On the Papers After Earlier Judgment, Settling Short Minutes and Disputed Calculations

Legal Issues

  1. 1 ['Whether damages for extra labour costs should be recalculated for periods beyond the two financial years considered by the forensic accounting expert.' 'Whether pre-judgment interest should be refused because it was not specifically pleaded under s 100 of the Civil Procedure Act.' 'How pre-judgment interest should be calculated for extra labour costs.' 'Whether and from what date pre-judgment interest should be calculated on the replacement value damages component.']

Ratio Decidendi

RPSR's extra labour damages must be recalculated only on the basis of one additional labourer for the two financial years identified in Mr Mullins' report, because extending the period would exceed the liberty granted and would unfairly prejudice Junair. RPSR's claim for interest was not barred by the pleading because the claim for interest was sufficient in context and Junair should have sought clarification if needed. Interest on extra labour costs should be calculated by reference to the two financial years in Mr Mullins' evidence. Interest on replacement value damages should run from 29 November 2018 to 30 July 2019 because RPSR was kept out of the value of non-defective goods, but...

Court Disposition

The Court gave reasons and directions for recalculation of remaining damages and pre-judgment interest issues, ordered by consent that Junair pay RPSR's costs up to 30 July 2019, made no costs order for the subsequent period, and directed further short minutes of order.

Orders

  • ['The parties should confer again to see if they can reach agreement on the quantum of the claim for damages for extra labour costs and for pre-judgment interest in light of the reasons.' "The plaintiff/cross-defendant is to pay the defendant/cross-claimant's costs of the proceedings, as agreed or assessed, from...