Strut Master No. 2 Pty Limited v ZircoDATA Services Pty Ltd [2020] NSWSC 716

Strut Master No. 2 Pty Limited v ZircoDATA Services Pty Ltd [2020] NSWSC 716

After debate about the likely outcome, the parties reached an agreed position as to the orders apart from costs and did not require reasons; the Court entered judgment for the defendants against the first plaintiff for $14,209.24 and ordered delivery up of the documents upon payment of that amount to the defendants or into Court.

Jurisdiction
Australia
Judgment Date
10 June 2020
Procedural Posture
Proceedings for Delivery Up of Documents With a Cross Claim for Unpaid Invoices and Damages / Principal Judgment Following a Stopwatch Hearing in the Equity Commercial List
Outcome
Judgment for the defendants against the first plaintiff for $14,209.24; delivery up ordered upon payment; summons otherwise dismissed; cross-claim otherwise dismissed; no orders as to costs.
Legal Topics
['contract for Storage of Records' 'delivery Up of Documents' 'unpaid Invoices' 'damages' 'lien' 'stopwatch Hearing']
['contracts' 'equity' 'civil Procedure'] ['contract for Storage of Records' 'delivery Up of Documents' 'unpaid Invoices' 'damages' 'lien' 'stopwatch Hearing']

Case Brief

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Procedural Posture

Proceedings for Delivery Up of Documents With a Cross Claim for Unpaid Invoices and Damages / Principal Judgment Following a Stopwatch Hearing in the Equity Commercial List

Legal Issues

  1. 1 ['Whether the defendants should deliver up documents deposited with them by the plaintiffs.' 'Whether the defendants were entitled to unpaid invoices and damages on the cross-claim.' 'Whether delivery up could be resisted on the basis of a lien.' 'Whether the first plaintiff had been over-charged or denied discounts.']

Ratio Decidendi

After debate about the likely outcome, the parties reached an agreed position as to the orders apart from costs and did not require reasons; the Court entered judgment for the defendants against the first plaintiff for $14,209.24 and ordered delivery up of the documents upon payment of that amount to the defendants or into Court.

Court Disposition

Judgment for the defendants against the first plaintiff for $14,209.24; delivery up ordered upon payment; summons otherwise dismissed; cross-claim otherwise dismissed; no orders as to costs.

Orders

  • ['Judgment for the defendants against the first plaintiff for $14,209.24.' 'Upon payment of the judgment amount to the defendants or into Court, the defendants are to deliver up, by making them available for collection, to the first plaintiff all documents in their possession deposited with them by the plaintiffs.'...