Rapid Metal Developments (Aust) Pty Ltd v Rildean Pty Ltd (No 3) [2010] NSWSC 7

Rapid Metal Developments (Aust) Pty Ltd v Rildean Pty Ltd (No 3) [2010] NSWSC 7

The defendants, as controllers under s 419A(2) of the Corporations Act, are liable for hire charges from 25 July 2002 until 3 December 2004, interest on those charges, the value (at ruling list prices) of scaffolding not returned as at 3 December 2004, and interest from that date pursuant to s 100 Civil Procedure Act, as these sums are payable under the relevant agreement and for conversion. There is no bar to interest on principal for these sums, but no double recovery of interest.

Jurisdiction
Australia
Judgment Date
10 February 2010
Procedural Posture
Civil / Assessment of Quantum After Liability Judgment
Outcome
Defendants to pay plaintiff outstanding hire charges, interest on unpaid hire charges, damages for conversion, and interest pursuant to s 100 Civil Procedure Act.
Legal Topics
["receivers and Managers' Liability" 'assessment of Damages' 'conversion' 'interest on Unpaid Hire Charges']
['corporations' 'damages' 'torts'] ["receivers and Managers' Liability" 'assessment of Damages' 'conversion' 'interest on Unpaid Hire Charges']

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Procedural Posture

Civil / Assessment of Quantum After Liability Judgment

Legal Issues

  1. 1 ['Liability for hire charges under s 419A Corporations Act after receivers appointed' 'Extent and period of liability under s 419A(2)' 'Liability for value of goods not returned under terms of contract and for conversion' 'Recoverability of interest under contract and s 100 Civil Procedure Act']

Ratio Decidendi

The defendants, as controllers under s 419A(2) of the Corporations Act, are liable for hire charges from 25 July 2002 until 3 December 2004, interest on those charges, the value (at ruling list prices) of scaffolding not returned as at 3 December 2004, and interest from that date pursuant to s 100 Civil Procedure Act, as these sums are payable under the relevant agreement and for conversion. There is no bar to interest on principal for these sums, but no double recovery of interest.

Court Disposition

Defendants to pay plaintiff outstanding hire charges, interest on unpaid hire charges, damages for conversion, and interest pursuant to s 100 Civil Procedure Act.

Orders

  • ['Defendants to pay hire charges (with GST) from 25 July 2002 until 3 December 2004.' 'Defendants to pay interest on unpaid hire charges from 25 July 2002 until 3 December 2004.' "Defendants to pay value of equipment not returned (with GST) at plaintiff's list prices as at 3 December 2004." 'Defendants to pay...