Screenco Pty Limited v R L Dew Pty Limited & Anor [2003] NSWCA 319

Screenco Pty Limited v R L Dew Pty Limited & Anor [2003] NSWCA 319

The appellant had not paid the purchase price for the destroyed screen and had not incurred any loss by being kept out of money; it had been compensated for loss of income by other heads of damages. Therefore, awarding interest would place the appellant in a better position than if the loss had not occurred, resulting in over-compensation. Interest should only be awarded to compensate for real, practical loss, not merely theoretical loss, and on the evidence, no such loss was established.

Jurisdiction
Australia
Judgment Date
14 November 2003
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['interest on Damages' 'loss of Chattels' 'compensatory Principle' 'avoidance of Over Compensation' 'admiralty Practice']
['damages' 'negligence' 'contract Law'] ['interest on Damages' 'loss of Chattels' 'compensatory Principle' 'avoidance of Over Compensation' 'admiralty Practice']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether interest should be awarded on the capital value of chattels lost due to the negligence of the defendants in circumstances where the plaintiff had not paid for the chattels' 'Whether loss was real or theoretical' 'Whether not having paid the purchase price for the chattels is relevant to awarding interest']

Ratio Decidendi

The appellant had not paid the purchase price for the destroyed screen and had not incurred any loss by being kept out of money; it had been compensated for loss of income by other heads of damages. Therefore, awarding interest would place the appellant in a better position than if the loss had not occurred, resulting in over-compensation. Interest should only be awarded to compensate for real, practical loss, not merely theoretical loss, and on the evidence, no such loss was established.

Court Disposition

Appeal dismissed with costs

Orders

  • ['The appeal is dismissed with costs.']