Stone & Glass Equipment Limited v Aussie Strength Pty Ltd [2020] NSWDC 488

Stone & Glass Equipment Limited v Aussie Strength Pty Ltd [2020] NSWDC 488

Summary judgment in favour of plaintiff for the unpaid price is appropriate because the respondent has no viable defence and statutory set-off cannot be applied to unliquidated damages. Judgment is to be entered in Australian dollars converted at the date of order, with pre-judgment interest to be calculated from dates of delivery and expressed in Australian dollars.

Parties
Plaintiff/applicant: Stone & Glass Equipment Limited; Defendant/respondent: Aussie Strength Pty Ltd
Jurisdiction
Australia
Judgment Date
28 August 2020
Procedural Posture
Civil / Summary Judgment Application; Principal Judgment
Outcome
Summary judgment granted for the plaintiff.
Legal Topics
Summary Judgment, Claim for Unpaid Price of Goods, Cross Claim for Alleged Damages, Set Off, Foreign Currency Obligations, Conversion Date for Currency, Pre Judgment Interest
Practice and Procedure Private International Law Summary Judgment Claim for Unpaid Price of Goods Cross Claim for Alleged Damages Set Off Foreign Currency Obligations Conversion Date for Currency +1 more

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Parties

Stone & Glass Equipment Limited

Plaintiff/applicant

Aussie Strength Pty Ltd

Defendant/respondent

Procedural Posture

Civil / Summary Judgment Application; Principal Judgment

Legal Issues

  1. 1 Whether summary judgment should be awarded to the seller for the unpaid price
  2. 2 Whether statutory set-off is available for unliquidated damages
  3. 3 What currency should be used for judgment

Ratio Decidendi

Summary judgment in favour of plaintiff for the unpaid price is appropriate because the respondent has no viable defence and statutory set-off cannot be applied to unliquidated damages. Judgment is to be entered in Australian dollars converted at the date of order, with pre-judgment interest to be calculated from dates of delivery and expressed in Australian dollars.

Court Disposition

Summary judgment granted for the plaintiff.

Orders

  • Judgment entered for plaintiff for Australian dollar equivalent of USD$125,486 as at the date of the order.
  • Plaintiff to calculate pre-judgment interest in Australian dollars according to specified delivery dates.