Sam Technology Communications Pty Ltd v Stowe Australia Pty Ltd (No. 2) [2007] NSWLC 20

Local Court of New South Wales

CITATION: Sam Technology Communications Pty Ltd v Stowe Australia Pty Ltd (No. 2) [2007] NSWLC 20 JURISDICTION: Civil PARTIES: Sam Technology Communications Pty Ltd Stowe Australia Pty Ltd FILE NUMBER: 12502/04 PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 06/15/2007 MAGISTRATE: Magistrate H Dillon CATCHWORDS: Contracts – Quantum LEGISLATION CITED: CASES CITED: Hyder Consulting (Australia) Pty Ltd v Wilh Wilhemsen Agency Pty Ltd [2001] NSWCA 313 Mr P. Barham (counsel for plaintiff) REPRESENTATION: Ziman & Ziman, Solicitors Mr B. Antcliffe (counsel for defendant) Turner Freeman, Solicitors ORDERS: Verdict for plaintiff on its claim in the sum of $37,930.28 plus interest to be assessed and judgment accordingly.; Verdict for cross-claimant in the sum of $5960.17 plus interest to be assessed and judgment accordingly.; Costs reserved.; Parties to have liberty to apply on the question of costs.

REASONS for DECISION 1. On 5 February 2007, I delivered a verdict for the plaintiff in respect of its claim and for the cross-claimant in respect of its cross-claim. That this should be the end result was conceded by each party at the outset of the trial. Each conceded that a sum was due to the other. I requested that the parties file written submissions in relation to quantum, taking into account the findings of fact I had made. A timetable was set for that exercise. Neither party was able to comply with the direction I had given and an extension of time was granted to the parties.

2. The plaintiff's claim was ultimately to the sum of $54,530.28. But for the fact that the it failed to meet the deadline set by Stowe.