International Network Express Pty Limited v Colin Edward Smith t/as Midnight Runner Couriers [2009] NSWDC 197

New South Wales District Court

CITATION: International Network Express Pty Limited v Colin Edward Smith t/as Midnight Runner Couriers [2009] NSWDC 197

HEARING DATE(S): 24 July 2009

JUDGMENT DATE: 24 July 2009

JURISDICTION: Civil

JUDGMENT OF: Levy SC DCJ

1. Verdict for the Plaintiff in the sum of $84,647.76; DECISION: 2. Defendant to pay the Plaintiff's costs on the ordinary basis; 3. The exhibits are to be retained in the court file; 4. Liberty to apply on 7 days notice if further orders are required.

CATCHWORDS: CONTRACT – damages for breach of contract for courier services – ex-parte hearing.

LEGISLATION CITED: Civil Procedure Act 2005

CASES CITED: -

TEXTS CITED: -

PARTIES: International Network Express Pty Limited ACN 080 364 797 (Plaintiff) Colin Edward Smith t/as Midnight Runner Couriers (Defendant)

FILE NUMBER(S): 4599 of 2008

COUNSEL: Mr B Lum, solicitor (Plaintiff) There was no appearance for the defendant

SOLICITORS: John de Mestre & Co (Plaintiff)

JUDGMENT

Nature of the case

1. By statement of claim filed on 1 October 2008 the plaintiff claims damages for non-payment of courier services provided by the plaintiff to the defendant between 1 February 2007 and 3 December 2007. On 10 June 2007 the defendant was notified of the date for hearing and has not appeared. The defendant's former solicitor filed a notice of ceasing to act on 3 April 2009. The hearing proceeded ex-parte.

Evidence

2. The plaintiff tendered a notice to admit facts and authenticity of documents dated 11 June 2009, an affidavit of service sworn on 24 July 2009 showing that notice to admit was served on the defendant on 11 June 2009 by ordinary post, a 55 page bundle of invoices which were referred to in the notice to admit and a schedule of applicable interest calculations on the amounts claimed in those respective invoices. Those documents were admitted into evidence as Exhibits "A", "B", "C", and "D".