Palmer v The John Gallagher Panel Beating Company Pty Ltd [2005] NSWLC 19

Local Court of New South Wales

CITATION: Palmer v The John Gallagher Panel Beating Company Pty Ltd [2005] NSWLC 19 JURISDICTION: Civil Timothy James Palmer PARTIES: The John Gallagher Panel Beating Company Pty Ltd John Daniel Gallagher FILE NUMBER: 9900/05 PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 07/07/2006 MAGISTRATE: Magistrate P Dare CATCHWORDS: civil claims - fixed price contract - oral quotation - detention of goods LEGISLATION CITED: Bell v F.S. & U Industrial Benefit Society (Unrep) NSWSC 9 September 1987 Bellinger v Autoland pty Ltd [192] VR 514 CASES CITED: Hammoud Brothers Pty Limited v Insurance Australia Limited [2004] NSWCA 366 Makita (Australia) Pty Limited v Sprowles [2001] NSWCA 305 Nelson and Another v Nelson [1923] St R Qd 37 Timewell v Virgoe (1868) 5 WW&A'B L 147 Mr L Trindall - Counsel REPRESENTATION: Macedone Christie Willis - Solicitors Mr A C Scotting - Counsel Robert H Storey - Solicitor ORDERS: Verdict and judgment for the plaintiff on the further amended ordinary statement of claim. Verdict for the Cross-Defendant on the Cross-Claim. The vehicle to be restored to the Plaintiff within a period of 28 days from the date of judgment. The overpayment of $2000.00 to be repaid to the Plaintiff within 28 days of the date of judgment. Damages in the amount of $17,000.00 in respect of the wrongful detention of the vehicle, inclusive of the cost of stripping and re-painting the vehicle, to be paid to the Plaintiff within 28 days of the date of judgment. The Defendants are to pay the Plaintiff's costs of the action as agreed or as assessed within 28 days of the date of this judgment - this amount to include the order for costs thrown away by reason of the adjournment of 5th December 2005. The defendants are to pay interest from 28th February 2004.