NSW Caselaw
New South Wales District Court
CITATION: C-Mac Industries (Aust) Pty Limited v Juan Carlos Invernizzi & Ors [2008] NSWDC 88
HEARING DATE(S): 26/05/08
JUDGMENT DATE: 28 May 2008
JURISDICTION: Civil
JUDGMENT OF: Rolfe DCJ
DECISION: See paragraph 40 of Judgment
CATCHWORDS: Guarantee arising under contracts for sale of goods - Romalpa Clause - Consideration of seller's ability to sue purchaser for price when property had not passed - Sale of Goods Act 1923 - Consideration of S 51 and S 52 and quantification of damages
LEGISLATION CITED: Sale of Goods Act 1923 (NSW) Civil Procedure Act 2005
CASES CITED: Jones v Dunkel (1959) 101 CLR 298 Minister for Supply & Development v Servicemens' Cooperative Joinery Manufacturers Limited (1951) 82 CLR 621
PARTIES: C-Mac Industries (Aust) Pty Limited (Plaintiff) Juan Carlos Invernizzi & Ors (Defendants)
FILE NUMBER(S): 120/05
COUNSEL: R C Scruby (Plaintiff) R W Tregenza (Second Defendant)
JUDGMENT
1 The plaintiff in these proceedings, C-Mac Industries (Aust) Pty Limited, is a metal trade workshop which specialises in the manufacture of custom made equipment such as conveyers and bagging machines.
2 From late 2003 to mid 2005 Aussie Tyre Recycling Pty Limited (the "Debtor") was a customer of the plaintiff. The Debtor's business included the manufacture, sale and marketing of tyre recycling equipment. Much of the equipment which the plaintiff supplied to the Debtor was custom built by the plaintiff for the Debtor according to the Debtor's specifications.
3 The Debtor was placed into voluntary administration on 11 May 2005 and it was wound up on 7 June 2005.
4 Between 16 March 2004 and 28 February 2005 the plaintiff invoiced the Debtor for goods sold and delivered in varying amounts totalling $693,655.18, the break-up of which is set out in paragraph 9 of the Affidavit of Robert James McMaster (exhibit B), the general manager of the plaintiff. Of the invoiced amount the plaintiff claims that is owed a balance of $108,748.08.
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