CB Cars 2 Pty Ltd v Phantom International Pty Ltd & Anor [2023] NSWDC 334

District Court New South Wales

Medium Neutral Citation: CB Cars 2 Pty Ltd v Phantom International Pty Ltd & Anor [2023] NSWDC 334 Hearing dates: 23 and 24 August 2023 Date of orders: 25 August 2023 Decision date: 25 August 2023 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Grant leave to the plaintiff to amend the Summons to delete pars 2 and 3; Amended Summons to be filed within 7 days of the date of this judgment. (2) Judgment for the plaintiff against the first defendant for $66,514.15. (3) Order the first defendant to pay the plaintiff's costs of the proceedings on an indemnity basis. (4) Dismiss the proceedings against the second defendant. (5) Order the plaintiff to pay the second defendant's costs on the ordinary basis. (6) Order the first defendant to pay to the plaintiff the costs ordered to be paid by the plaintiff to the second defendant. (7) Release the plaintiff from its Harman Undertaking in order that the plaintiff may use any of the evidence already tendered in these proceedings, in proceedings no. 2023/258382 in this court. Catchwords: DAMAGES – plaintiff owns Porsche as part of its motor vehicle hire business – first defendant transferred registration of Porsche without authorisation – plaintiff prevented from re-registering and hiring out Porsche – damages for loss of use and interest on loss Legislation Cited: District Court Act 1973 (NSW), s 134 Road Transport (Registration) Regulation 2007 (NSW) Road Transport Act 2013 (NSW) ss 62, 63, 64 Category: Principal judgment Parties: CB Cars 2 Pty Ltd (Plaintiff) Phantom International Pty Ltd (First Defendant) Transport for NSW (Second Defendant) Representation: Counsel: C Carter (Plaintiff) T Perrotta (Solicitor) (on 23 August 2023; excused from attendance on 24 August 2023) (Second Defendant)