Alati v Kruger [1955] HCA 64

High Court of Australia Dixon C.J. Webb, Fullagar, Kitto and Taylor JJ. Alati v Kruger [1955] HCA 64

ORDER

(1) Judgment of the Supreme Court of Queensland varied by substituting for the first four orders therein contained the following:—

1. That on a date to be fixed by the Supreme Court after the ascertainment by agreement or inquiry of the amounts referred to in order 2 hereof, the plaintiff do deliver or tender to the defendant Alati in such manner as the Supreme Court shall direct such (if any) of the chattels mentioned in the schedule to the contract (Exhibit 6) as are in his possession or control at the time of the inquiry.

2. That in default of agreement between the parties an inquiry be held to ascertain:

(a) the value, as at the date of the said contract, of such of the said chattels as are not in the plaintiff's possession or control;

(b) the value as at the date of the said contract of the stock-in-trade received by the plaintiff from the said defendant; and

(c) whether any, and if so what, amount ought to be allowed in favour of the said defendant for the use by the plaintiff of the property comprised in the contract.

3. That on the date fixed as aforesaid and upon the plaintiff's delivering or tendering to the said defendant in the manner determined by the Supreme Court such of the said chattels (if any) as are found to be in the plaintiff's possession or control, the said defendant do pay to the plaintiff a sum calculated by adding together the amounts ascertained by agreement or inquiry as aforesaid and the sum of £16 10s. 0d. (being damages in respect of the conveyancing costs and stamp duty incurred by the plaintiff in relation to the said contract), and deducting the total thereof from a sum equal to £700 (the amount of the purchase money paid by the plaintiff under the said contract) plus interest on £700 at the rate of five per cent per annum from the date upon which the plaintiff paid the said purchase money until the date determined by the Supreme Court as aforesaid.