Memorex Telex Pty Ltd v National Databank Ltd [2002] NSWSC 1111

New South Wales Supreme Court

CITATION : Memorex Telex Pty Ltd v National Databank Ltd [2002] NSWSC 1111 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 4654/98 HEARING DATE(S) : 28, 29, 30 and 31 October 2002 1 and 21 November 2002 JUDGMENT DATE : 2 December 2002

PARTIES : Memorex Telex Pty Ltd (Plaintiff) National Databank Ltd (Defendant) JUDGMENT OF : Bergin J

COUNSEL : CRC Newlinds (Plaintiff) S Bell (Defendant) SOLICITORS : Baker & McKenzie (Plaintiff) Ian B Mitchell (Defendant) CATCHWORDS : [CONTRACT] - Claim by plaintiff for amounts owing in outstanding invoices for computer goods and services (the System) - Cross-Claim by defendant for liquidated damages for late and incomplete delivery of the System and additional claims for expenses incurred in rectifying the System and for loss of revenue or loss of opportunity - No claim made under warranty - Completion of delivery of the System made by defendant's employees (who had previously been employed with plaintiff) without any claim upon or notification to the plaintiff until delivery complete. [DAMAGES] - Measure of damages to which the defendant/cross-claimant is entitled - Whether inference as to quantum of damages is able to be drawn from evidence of problems with the System and low revenue without any evidence from users of the System that they experienced problems and terminated their subscription with the defendant because of problems with the System. CASES CITED : Hadley v Baxendale (1854) 9 Ex 341 Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 DECISION : See paragraph [156].

- 51 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION