Roder Zelt-und Hallenkonstruktionen GMBH v Rosedown Park Pty Ltd (in liq) & Anor [1995] FCA 1049

CATCHWORDS

Damages - assessment - wrongful retention of goods - applicant not in business of hiring goods - whether damages should be based on rental value of goods - whether rental value should be adjusted for direct overheads incurred in renting goods - whether damages should be based on value of the goods at the date of conversion

Strand Electric and Engineering Co. Ltd v Brisford Entertainments Ltd [1952] 1 All ER 794 distinguished British Wagon Company Ltd v Shortt [1961] IR 164 followed Matter No. SG 3076 of 1993 RODER ZELT-UND HALLENKONSTRUKTIONEN GMBH v ROSEDOWN PARK PTY LTD (in liquidation) (ACN 005 267 176) & REGINALD R EUSTACE von Doussa J Adelaide 30 November 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) SOUTH AUSTRALIAN DISTRICT REGISTRY ) ) GENERAL DIVISION ) No. SG 3076 of 1993 BETWEEN: RODER ZELT-UND HALLENKONSTRUKTIONEN GMBH Applicant AND: ROSEDOWN PARK PTY LTD (in liquidation) (ACN 005 267 176) First Respondent REGINALD R EUSTACE Second Respondent MINUTES OF ORDER JUDGE MAKING ORDER : VON DOUSSA J WHERE MADE : ADELAIDE DATE OF ORDER : 30 NOVEMBER 1995 THE COURT ORDERS THAT: 1. Judgment for the applicant against both respondents for the wrongful detention of the goods for A$142,342 together with the costs of both trials. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA ) ) SOUTH AUSTRALIAN DISTRICT REGISTRY ) ) GENERAL DIVISION ) No. SG 3076 of 1993 BETWEEN: RODER ZELT-UND HALLENKONSTRUKTIONEN GMBH Applicant AND: ROSEDOWN PARK PTY LTD (in liquidation) (ACN 005 267 176) First Respondent REGINALD R EUSTACE Second Respondent REASONS FOR JUDGMENT Coram: von Doussa J. Place: Adelaide Date : 30 November 1995 On 28 April 1995 judgment was delivered in these proceedings which were then stood over for further consideration to enable the question of damages and other remedies to be considered. It was held that, subject to rectifying a procedural irregularity arising from the absence of leave under s.444E of the Corporations Law, the applicant was entitled to damages from both respondents, that is from the company Rosedown Park Pty Limited ("Rosedown") and from the administrator under a deed of company arrangement of that company, Mr Eustace, for the wrongful withholding of certain large tents. I shall not repeat the history of the issues between the parties. These reasons are to be read with the earlier reasons of judgment.