Sam Technology Communications Pty Ltd v Stowe Australia Pty Ltd (No. 2) [2007] NSWLC 20

Sam Technology Communications Pty Ltd v Stowe Australia Pty Ltd (No. 2) [2007] NSWLC 20

The verdict for the plaintiff is reduced to account for handsets not supplied; only a credit for the invoiced amount of the handsets ($16,600) is given, not wholesale price. The defendant is entitled to recover reasonable costs (estimated at 90% of claimed sum) related to completion and rectification works, less the value of the handsets credited, resulting in a cross-claim amount of $5,960.17. Both parties receive their respective verdict sums plus interest, with costs reserved.

Parties
Plaintiff: Sam Technology Communications Pty Ltd; Defendant/cross Claimant: Stowe Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
15 June 2007
Procedural Posture
Civil / Quantum Assessment Following Verdicts on Claim and Cross Claim
Outcome
Judgment for plaintiff on claim and for defendant on cross-claim; costs reserved.
Legal Topics
Quantum, Damages, Cross Claim
Contracts Quantum Damages Cross Claim

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Sam Technology Communications Pty Ltd

Plaintiff

Stowe Australia Pty Ltd

Defendant/cross Claimant

Procedural Posture

Civil / Quantum Assessment Following Verdicts on Claim and Cross Claim

Legal Issues

  1. 1 Assessment of quantum for plaintiff's claim and defendant's cross-claim
  2. 2 Appropriate deduction for handsets not supplied
  3. 3 Allowable costs related to completion/rectification by third party

Ratio Decidendi

The verdict for the plaintiff is reduced to account for handsets not supplied; only a credit for the invoiced amount of the handsets ($16,600) is given, not wholesale price. The defendant is entitled to recover reasonable costs (estimated at 90% of claimed sum) related to completion and rectification works, less the value of the handsets credited, resulting in a cross-claim amount of $5,960.17. Both parties receive their respective verdict sums plus interest, with costs reserved.

Court Disposition

Judgment for plaintiff on claim and for defendant on cross-claim; costs reserved.

Orders

  • Verdict for plaintiff on its claim in the sum of $37,930.28 plus interest to be assessed and judgment accordingly.
  • Verdict for cross-claimant in the sum of $5,960.17 plus interest to be assessed and judgment accordingly.