Ede Excavations Pty Limited v Lake Macquarie City Council [2009] NSWDC 355

New South Wales District Court

CITATION: Ede Excavations Pty Limited v Lake Macquarie City Council [2009] NSWDC 355

HEARING DATE(S): 17 August 2009 EX TEMPORE JUDGMENT DATE : 21 August 2009

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1. Verdict and judgement for the plaintiff in the sum of $10,317.00 DECISION: 2. The defendant is to pay the plaintiff's costs of the proceedings with the exception that the plaintiff remains obliged to pay the defendant's costs ordered against it on the adjournment of proceedings on 20 May 2009. 3. The exhibits are returned

CATCHWORDS: CONTRACT - Earlier proceedings determining breach - Assessment of damages - Whether defendant obliged to place work with plaintiff - Period for which damages might be claimed - Method to be adopted to deal with wages to be paid to director of the plaintiff

Burger King Corporation v Hungry Jacks Pty Limited (2001) 69 NSWLR 558 CASES CITED: Commonwealth v Amann Aviation Pty Limited (1991) 174 CLR 64 Haviv Holdings Pty Limited v Howards Storage World Pty Limited [2009] FCA 242 Murray Irrigation Limited v Balston (2006) 67 NSWLR 73

PARTIES: Ede Excavations Pty Limited (Plaintiff) Lake Macquarie City Council (Defendant)

FILE NUMBER(S): 236/07

COUNSEL: Mr Nagle (For the Plaintiff) P Cummings (For the Defendant)

SOLICITORS: Slater & Gordon Solicitors (For the Plaintiff) Lake Macquarie City Council Corporate Legal Office (For the Defendant)

JUDGMENT

1 These proceedings involved a contractual dispute between EDE Excavations Pty Limited, an earthmoving contractor, and Lake Macquarie City Council. The contract between the parties related to the supply and operation of earthmoving plant and equipment by the plaintiff to the defendant at specified rates.