DSE Transport Pty Ltd v Conglomeration Pty Ltd [2021] NSWDC 251

District Court New South Wales

Medium Neutral Citation: DSE Transport Pty Ltd v Conglomeration Pty Ltd [2021] NSWDC 251 Hearing dates: 10 June 2021 Date of orders: 16 June 2021 Decision date: 16 June 2021 Jurisdiction: Civil Before: Gibson DCJ Decision: Order: (1) Judgment for the plaintiff for $163,657.25. (2) The parties have liberty to bring in short minutes of order reflecting the mathematically agreed calculation of interest at the rate of 18.25% from 29th February 2020 to the date of judgment. (3) Cross-claim dismissed. (4) Defendant/cross-claimant pay plaintiff/cross-defendant's costs. (5) Exhibits retained until further order. Catchwords: CONTRACT – claim for liquidated sum – cross-claim Category: Principal judgment Parties: Plaintiff: DSE Transport Pty Ltd Defendant: Conglomeration Pty Ltd Representation: Counsel: Plaintiff: Mr M Collins Defendant: Mr J Wenban (Self-represented/ Director of the defendant)

Solicitors: Plaintiff: Turks Legal File Number(s): 2020/00163810

Judgment

The claim before the court 1. The plaintiff ("DSE"), by statement of claim filed on 2 June 2020, brings proceedings for the liquidated sum of $163,657.25. This is the total for payment of amounts owing for taxi truck services provided to the defendant between 8 February 2019 and 14 February 2020, the invoices for which remain unpaid. 2. The defendant does not challenge the validity of the contract, but disputes the quantum of the sum owed and, by a cross-claim filed on 28 July 2020, asserts that it is entitled to an unspecified sum by way of set off.