Strut Master No. 2 Pty Limited v ZircoDATA Services Pty Ltd [2020] NSWSC 716

Supreme Court New South Wales

Medium Neutral Citation: Strut Master No. 2 Pty Limited v ZircoDATA Services Pty Ltd [2020] NSWSC 716 Hearing dates: 9 June 2020 Decision date: 10 June 2020 Jurisdiction: Equity - Commercial List Before: Hammerschlag J Decision: Judgment for the defendants against the first plaintiff for $14,209.24. Upon payment of the judgment amount to the defendants or into Court, the defendants are to deliver up, by making them available for collection, to the first plaintiff all documents in their possession deposited with them by the plaintiffs. If the plaintiffs have paid the monies into Court, they are to be released to the defendants once all documents have been delivered up. The summons is otherwise dismissed and the cross-claim is otherwise dismissed, with no orders as to costs to the intent that each party shall pay his or its own Catchwords: CONTRACTS – Contract for the storage of records – Claim for delivery up – Cross claim for charges owing and damages – Procedure – Stopwatch Hearing where agreed position is ultimately reached – No issue of principle Category: Principal judgment Parties: Strut Master No.2 Pty Limited - First Plaintiff Farshad Amirbeaggi - Second Plaintiff ZircoDATA Services Pty Ltd - First Defendant ZircoDATA Pty Ltd - Second Defendant Representation: Counsel: A. Fernon - Plaintiffs/Cross Defendants C. Tam - Defendants/Cross Claimants

Solicitors: Yates Beaggi Lawyers - Plaintiffs/Cross Defendants Gadens - Defendants/Cross Claimants File Number(s): 2020/134195