National Assessing & Quoting Pty Ltd v Pacific Automotive Holdings Pty Ltd [2021] NSWDC 227

District Court New South Wales

Medium Neutral Citation: National Assessing & Quoting Pty Ltd v Pacific Automotive Holdings Pty Ltd [2021] NSWDC 227 Hearing dates: 25, 26, 27 May 2021 Date of orders: 4 June 2021 Decision date: 04 June 2021 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the plaintiff against the defendant for $209,535.36. (2) Order the defendant to pay the plaintiff's costs. (3) Grant leave to approach my Associate within 7 days by email if either party wishes to seek a different costs order. Catchwords: CONTRACTS — formation – whether an oral contract was formed between the plaintiff and the defendant for the provision of motor vehicle assessment reports –– post-contractual conduct considered as relevant to proof of the existence of a contract and its terms CONTRACTS — performance – damages – whether the plaintiff is entitled to recovery of fees charged in outstanding invoices EVIDENCE — whether the defendant's failure to call its claims manager as a witness warrants the making of a Jones v Dunkel inference Cases Cited: Brambles Holdings Ltd v Bathurst City Council [2001] NSWCA 61; (2001) 53 NSWLR 153 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Ratcliffe v Evans [1892] 2 Q.B. 524 Texts Cited: D W McLaughlan, Contract Formation, Contract Interpretation and Subsequent Conduct (2006) 25 The University of Queensland Law Journal 77 Heydon On Contract – The General Part (2019) Thomson Reuters McGregor On Damages, 15th Edition (1988) Thomson Reuters Category: Principal judgment Parties: National Assessing & Quoting Pty Ltd (Plaintiff) Pacific Automotive Holdings Pty Ltd (Defendant) Representation: Counsel: M Castle (Plaintiff) J Raftery (Defendant)