Sunnyrex Pty Limited v Titan Cranes and Rigging Pty Limited [2009] NSWDC 211

New South Wales District Court

CITATION: Sunnyrex Pty Limited v Titan Cranes and Rigging Pty Limited [2009] NSWDC 211

HEARING DATE(S): 13, 14, 15, 16, 20, 21, 22, 23 and 24 October 2008, and 30 January 2009 (when the written submissions were finalised)

JUDGMENT DATE: 9 July 2009

JURISDICTION: Civil Jurisdiction

JUDGMENT OF: Johnstone DCJ

1. The claim by the plaintiff against the defendant is proved in a total amount of $174,748.20 with interest to be assessed 2. The cross-claim by the defendant/first cross- claimant against the plaintiff is proved in a total amount of $64,942.12 DECISION: 3. The cross-claim by the second cross-claimant against the plaintiff is proved in a total amount of $53,693.67 4. The cross-claim by the third cross-claimant against the plaintiff fails 5. The proceedings are stood over for further written submissions on interest, the set-off claimed by the defendant, and the disposition of any money paid into court.6. Costs reserved

CATCHWORDS: CONTRACT - hire of cranes - disputes over hire fees and the costs of restoration and repair, servicing and maintenance - lien - purported sale agreement

CASES CITED: Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limited [2007] HCA 61

Sunnyrex Pty Limited (Plaintiff) PARTIES: Titan Cranes and Rigging Pty Limited (Defendant and First Cross-Claimant) Atlas Electrical Technologies & Services Pty Ltd (Second Cross-Claimant) Nicholas Hanlin (Third Cross-Claimant)

FILE NUMBER(S): 5205/07

COUNSEL: Mr J S Drummond (Plaintiff) Mr F P Hicks (Defendant and Cross-Claimants)

SOLICITORS: Michael Atkinson & Associates (Plaintiff) Constantine G Pavlis & Co (Defendant and Cross- Claimants)