Oil Drilling & Exploration (Borneo) Pty Limited & Anor v Nerdlihc Company Inc & Anor [2005] NSWSC 298

New South Wales Supreme Court

CITATION : Oil Drilling & Exploration (Borneo) Pty Limited & Anor v Nerdlihc Company Inc & Anor [2005] NSWSC 298

HEARING DATE(S) : 05/04/05

JUDGMENT DATE : 5 April 2005

Equity Division JURISDICTION : Commercial List

JUDGMENT OF : Einstein J

DECISION : Order that judgment be entered for the first plaintiff against the first defendant in the amount of $15,738,861.89. Order that judgment be entered for the first plaintiff against the second defendant in the amount of $1,168,472.86;

CATCHWORDS : Contract - Trade Practices Act - Assessment of damages - Principles where difficulties of assessment arise - Contract for provision of oil rig - Overlapping of damages to which corporate defendant liable across two causes of action - Several liability of individual defendant

LEGISLATION CITED : Trade Practices Act

Agius v State of New South Wales [2001] NSWCA 371 Baxter v Obacelo Pty Ltd (2001) 205 CLR 635 Commonwealth of Australia v Amman Aviation Pty Limited (1991) 174 CLR 64 Cribb v Freyberger [1919] WN 22 (English Court of Appeal) CASES CITED : Jones v Schiffman (1971) 124 CLR 303 Phelps v Nationwide News Pty Ltd [2001] NSWSC 130 Placer (Granny Smith) Pty Limited v Thiess Contractors Pty Limited (2003) 196 ALR 257 Watson Specialised Tooling Pty Ltd v Stevens [1991] 1 Qd R 85

Oil Drilling & Exploration (Borneo) Pty Limited (First Plaintiff) Oil Drilling & Exploration Limited (Second Plaintiff) PARTIES : Nerdlihc Company Inc (First Defendant) Tom E Knowlton (Second Defendant)