Benward Pty Ltd & Ors v Metal Deck Roofing Pty Ltd & Ors [2001] NSWSC 1053

Reported Decision : [2001] NSWSC 1053 [2001] ACL Rep 300 NSW 104

New South Wales Supreme Court

CITATION : Benward Pty Ltd & Ors v Metal Deck Roofing Pty Ltd & Ors [2001] NSWSC 1053 CURRENT JURISDICTION: Equity Division Commercial List FILE NUMBER(S) : SC 50079/00 HEARING DATE(S) : 8 to 12 October, 2001 JUDGMENT DATE : 22 November 2001

Benward Pty Ltd [First Plaintiff] Tupoli Pty Ltd and Ors (t/as Booth Printing Group) [Second Plaintiffs] PARTIES : Metal Deck Roofing Pty Ltd [First Defendant] Trio Insulation Pty Ltd [Second Defendant] AMP General Insurance Ltd [Third Defendant] JUDGMENT OF : Palmer J

N.G. Rein SC, P.S. Braham [Plaintiffs] COUNSEL : D.F. Rofe QC, B. Hull [First Defendant] C.J. Stevens QC, W. McManus [Second Defendant] R. Cavanagh [Third Defendant] Moray & Agnew [Plaintiffs] SOLICITORS : Malcolm Johns & Co. [First Defendant] Colin Biggers & Paisley [Second Defendant] Henry Davis York [Third Defendant] CATCHWORDS : NEGLIGENCE - Plaintiffs contract with First Defendant for replacement of factory roof - First Defendant subcontracts with Second Defendant for removal of existing roof - roof collapses during replacement - whether one or both Defendants negligent - contributory negligence - DAMAGES - ECONOMIC LOSS - LOSS OF GOODWILL - Plaintiffs' business severely disrupted - major customers lost - whether proper basis of compensation is loss of trading profits during period of disruption or by capitalisation of future profits lost - principles discussed - DAMAGES - CORPORATE PAIN AND SUFFERING - Whether a corporation is entitled to damages against a wrongdoer for distress caused to employees who work under pressure to restore the company's business - principles discussed. LEGISLATION CITED : Law Reform (Miscellaneous Provisions) Act, 1946 DECISION : Judgment for the Plaintiffs against the First and Second Defendants; each of the First and Second Defendants liable to contribute half of the judgment debt.