Colvin v Eather [2016] NSWDC 29

Colvin v Eather [2016] NSWDC 29

The evidence adduced by the plaintiff satisfactorily demonstrated that losses of $251,593.57 were incurred, that proper offsets of $47,600 for saved bottling and marketing costs and $2,400 for sale of vinegar should be applied, leaving damages of $201,593.57; adding pre-judgment interest of $83,120.89 under s 100 of the Civil Procedure Act 2005 produced judgment for $284,714.46.

Jurisdiction
Australia
Judgment Date
21 March 2016
Procedural Posture
Civil Proceeding for Damages for Breach of Contract / Assessment of Unliquidated Damages After Default Judgment
Outcome
Verdict and judgment for the plaintiff against the defendant in the sum of $284,714.46 including pre-judgment interest.
Legal Topics
['breach of Contract' 'assessment of Damages' 'pre Judgment Interest' 'costs' 'loss of Sale Value of Stored Wine and Barrels']
['contract Law' 'civil Procedure' 'damages'] ['breach of Contract' 'assessment of Damages' 'pre Judgment Interest' 'costs' 'loss of Sale Value of Stored Wine and Barrels']

Case Brief

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Procedural Posture

Civil Proceeding for Damages for Breach of Contract / Assessment of Unliquidated Damages After Default Judgment

Legal Issues

  1. 1 ["Whether the plaintiff proved losses arising from the defendant's breach of the storage contract for grapes, grape juice, wine and oak barrels." 'What damages should be assessed after applying offsets for saved bottling and marketing costs and mitigation by sale as vinegar.' 'Whether pre-judgment interest should be awarded under s 100 of the Civil Procedure Act 2005.' 'What costs order should be made.']

Ratio Decidendi

The evidence adduced by the plaintiff satisfactorily demonstrated that losses of $251,593.57 were incurred, that proper offsets of $47,600 for saved bottling and marketing costs and $2,400 for sale of vinegar should be applied, leaving damages of $201,593.57; adding pre-judgment interest of $83,120.89 under s 100 of the Civil Procedure Act 2005 produced judgment for $284,714.46.

Court Disposition

Verdict and judgment for the plaintiff against the defendant in the sum of $284,714.46 including pre-judgment interest.

Orders

  • ['Verdict and judgment for the plaintiff against the defendant in the sum of $284,714.46 including pre-judgment interest;' "The defendant is to pay the plaintiff's costs on the ordinary basis, unless otherwise ordered;" 'The exhibits are to remain with the court file;' 'Liberty to apply on 7 days notice if further...