Waratah Quest Pty Ltd v Scania Australia Pty Ltd [1995] FCA 506

Federal Court of Australia

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CATCHWORDS EVIDENCE - Rule in Browne v Dunn CONTRACTS - Breach of contract to service and repair vehicle - loss of profits - whether loss was reasonably contemplated by parties - failure to mitigate loss. Trade Practices Act 1974 (Cth) ss 52, 82 Browne v Dunn (1894) 6 R 67 Ellis v Wallsend District Hospital (1989) 17 NSWLR 553 Burns v M.A.N. Automotive (Aust) Pty Ltd (1986) 161 CLR 653 Hadley v Baxendale (1854) 9 Ex.341; 156 ER 145 C. Czarnikow Ltd v Koufos [1969] 1 AC 350 Victoria Laundrey (Windsor) Ltd v Newman Industries Ltd [1949] 2 KB 528 R.G. and T.J. Anderson Pty Ltd v Chamberlain John Deere Pty Ltd(1988) 15 NSWLR 363 WARATAH QUEST PTY LTD v SCANIA AUSTRALIA PTY LTD NG 818 OF 1993 Sackville J. Sydney 30 June, 1995

IN THE FEDERAL COURT OF AUSTRALIA) GENERAL DIVISION ) No. NG 818 of 1993 NEW SOUTH WALES REGISTRY ) BETWEEN: WARATAH QUEST PTY LTD (ACN 006 965 215) Applicant AND: SCANIA AUSTRALIA PTY LTD (ACN 000 537 333) Respondent Sackville J. Sydney 30 June, 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. Judgment be entered for the applicant in the sum of two hundred and seventy three thousand, two hundred and seventy seven dollars ($273,277.00), inclusive of interest, against the respondent. 2. The respondent is to pay the costs of the applicant. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) GENERAL DIVISION ) No. NG 818 of 1993 NEW SOUTH WALES REGISTRY ) BETWEEN: WARATAH QUEST PTY LTD (ACN 006 965 215) Applicant AND: SCANIA AUSTRALIA PTY LTD (ACN 000 537 333) Respondent CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 30 JUNE, 1995 REASONS FOR JUDGMENT Introduction: These proceedings arise out of an accident on 12 May 1993, involving a Scania R 143 prime mover, registered number VXO-OBK, operated by the applicant. The accident occurred when the prime mover, driven by Mr Francis Cassar, ran off the Hume Highway near Euroa in Victoria, as Mr Cassar was attempting to overtake another vehicle. Mr Cassar gave evidence, which was not disputed on this point, that the steering wheel "locked up" and the truck started veering to the right as he attempted to pass the other vehicle. Mr Cassar was injured in the accident. Of greater relevance to the present proceedings, the Scania prime mover was damaged beyond repair. The trailer being towed by the prime mover was also damaged. In these proceedings, the applicant seeks damages from the respondent for the destruction of the prime mover and other losses flowing from the accident. The respondent was the supplier of the prime mover and caused repairs to be carried out to the vehicle on 7 May 1993, five days before the accident.

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IN THE FEDERAL COURT OF AUSTRALIA) GENERAL DIVISION ) No. NG 818 of 1993 NEW SOUTH WALES REGISTRY ) BETWEEN: WARATAH QUEST PTY LTD (ACN 006 965 215) Applicant AND: SCANIA AUSTRALIA PTY LTD (ACN 000 537 333) Respondent Sackville J. Sydney 30 June, 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. Judgment be entered for the applicant in the sum of two hundred and seventy three thousand, two hundred and seventy seven dollars ($273,277.00), inclusive of interest, against the respondent. 2. The respondent is to pay the costs of the applicant. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) GENERAL DIVISION ) No. NG 818 of 1993 NEW SOUTH WALES REGISTRY ) BETWEEN: WARATAH QUEST PTY LTD (ACN 006 965 215) Applicant AND: SCANIA AUSTRALIA PTY LTD (ACN 000 537 333) Respondent CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 30 JUNE, 1995 REASONS FOR JUDGMENT Introduction: These proceedings arise out of an accident on 12 May 1993, involving a Scania R 143 prime mover, registered number VXO-OBK, operated by the applicant. The accident occurred when the prime mover, driven by Mr Francis Cassar, ran off the Hume Highway near Euroa in Victoria, as Mr Cassar was attempting to overtake another vehicle. Mr Cassar gave evidence, which was not disputed on this point, that the steering wheel "locked up" and the truck started veering to the right as he attempted to pass the other vehicle. Mr Cassar was injured in the accident. Of greater relevance to the present proceedings, the Scania prime mover was damaged beyond repair. The trailer being towed by the prime mover was also damaged. In these proceedings, the applicant seeks damages from the respondent for the destruction of the prime mover and other losses flowing from the accident. The respondent was the supplier of the prime mover and caused repairs to be carried out to the vehicle on 7 May 1993, five days before the accident.

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