Nareena Industries Pty Limited v Coal Mine Services Pty Limited [2010] NSWDC 220

New South Wales District Court

CITATION: Nareena Industries Pty Limited v Coal Mine Services Pty Limited [2010] NSWDC 220 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 24 May 2010 - 27 May 2010

JUDGMENT DATE: 6 October 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

DECISION: 1) Verdict and judgment for the plaintiff in the sum of $125,571.10. 2) The proceedings are adjourned to a date to be fixed to deal with the issues of costs and interest.

CATCHWORDS: CONTRACT DISPUTE - Hire of mining equipment - Whether returned by defendant hirer - Credit - Conversion and detinue - Measure of damage - Whether required compensation for the purchase of new equipment

Chep v Bunnings [2010] NSWSC 301 Gaba Formwork Contractors Pty Ltd v Turner Corporation Ltd (1991) 32 NSWLR 175 Hadley v Baxendale (1854) 9 Ex 341; a56 ER 145 CASES CITED: J & E Hall Ltd v Barclay [1937] 3 All ER 620 Livingstone v Rawyards Coal Co (1880) 5 App Cas 25 Robinson v Harman (1848) 1 Ex 850; (1848) 154 ER 363 Twentieth Super Pace Nominees Pty Ltd v Australian Rail Track Corporation Ltd [2006] VSC 500

PARTIES: Nareena Industries Pty Limited (Plaintiff) Coal Mine Services Pty Limited (Defendant)

FILE NUMBER(S): 2008/00314639

COUNSEL: Mr T Saunders (Acting for the Plainitff) Mr J C Hewitt (Acting for the Defendant)

SOLICITORS: Harvey Law Firm (Acting for the Plainitff) Tranter Lawyers (Acting for the Defendant)

JUDGMENT

1 Nareena Industries Pty Limited claimed that it was owed $141,796.10 for outstanding rental and the capital value of unreturned items of equipment hired by it to Coal Mine Services. The plaintiff did not pursue its claim for loss of profits arising from its inability to hire out the items of equipment it alleged were unreturned.