Memorex Telex Pty Ltd v National Databank Ltd [2002] NSWSC 1111

Memorex Telex Pty Ltd v National Databank Ltd [2002] NSWSC 1111

The plaintiff was entitled to judgment for the admitted outstanding invoices because the goods and services referred to in those invoices were supplied. The plaintiff breached the Systems Integration Agreement by failing to deliver the System on time and by failing to deliver it in compliance with the Specifications. The defendant was entitled to liquidated damages for delay to 29 May 1998, reasonable rectification costs, and a modest amount for loss attributable to a few small users who left, but it failed to prove the causal connection necessary for the claimed $2.2 million loss of revenue or opportunity.

Jurisdiction
Australia
Judgment Date
02 December 2002
Procedural Posture
Claim for Outstanding Invoices for Computer Goods and Services and Cross Claim for Damages for Breach of the Systems Integration Agreement / Final Judgment After Trial
Outcome
Judgment for the plaintiff on its claim and judgment for the defendant on its Cross-Claim.
Legal Topics
['outstanding Invoices' 'systems Integration Agreement' 'late Delivery' 'acceptance Testing' 'liquidated Damages' 'rectification Costs' 'loss of Revenue or Loss of Opportunity' 'causation of Loss']
['contract' 'damages'] ['outstanding Invoices' 'systems Integration Agreement' 'late Delivery' 'acceptance Testing' 'liquidated Damages' 'rectification Costs' 'loss of Revenue or Loss of Opportunity' 'causation of Loss']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Claim for Outstanding Invoices for Computer Goods and Services and Cross Claim for Damages for Breach of the Systems Integration Agreement / Final Judgment After Trial

Legal Issues

  1. 1 ['Whether the defendant was indebted to the plaintiff for outstanding invoices for goods and services supplied.' 'Whether the plaintiff breached the Systems Integration Agreement by failing to complete the Project on time.' 'Whether the plaintiff failed to perform acceptance testing properly or at all and failed to deliver the System in compliance with the Specifications.' 'What damages the defendant was entitled to recover on its cross-claim, including liquidated damages, rectification costs, and alleged loss of revenue or loss of opportunity.' 'Whether the defendant proved a causal connection between problems with the System and its claimed loss of revenue or loss of opportunity.']

Ratio Decidendi

The plaintiff was entitled to judgment for the admitted outstanding invoices because the goods and services referred to in those invoices were supplied. The plaintiff breached the Systems Integration Agreement by failing to deliver the System on time and by failing to deliver it in compliance with the Specifications. The defendant was entitled to liquidated damages for delay to 29 May 1998, reasonable rectification costs, and a modest amount for loss attributable to a few small users who left, but it failed to prove the causal connection necessary for the claimed $2.2 million loss of revenue or opportunity.

Court Disposition

Judgment for the plaintiff on its claim and judgment for the defendant on its Cross-Claim.

Orders

  • ['The plaintiff is entitled to the entry of judgment on its claim in the amount of $336,444.44.' 'The defendant is entitled to entry of judgment on its Cross-Claim in the amount of $128,487.53.' 'The parties are to bring in Short Minutes for the entry of those judgments including interest and a costs order at 9.30am...