Mory Pty Ltd v Alfred Medical Imaging Pty Ltd [2011] NSWDC 75

District Court New South Wales

Medium Neutral Citation: Mory Pty Ltd v Alfred Medical Imaging Pty Ltd [2011] NSWDC 75 Hearing dates: 16, 17, 18 February, 9 March & 1 April 2011, last written submissions received 27 July 2011 Decision date: 29 July 2011 Before: Levy SC DCJ Decision: 1.Verdict for the plaintiff in the sum of $87,790.69 on the plaintiff's claim against the defendant; 2.Pre-judgment interest on the plaintiff's verdict is assessed in the amount of $32,961.55; 3.Verdict for the cross defendant/plaintiff on the cross claim brought by the cross claimant/defendant ; 4.Judgment for the plaintiff in the sum of $120,838.38 including pre-judgment interest; 5.I will hear the parties on the question of costs; 6.Exhibits may be returned; 7.Liberty to apply on 7 days notice if further orders are required. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CONTRACT - claim for damages for cost of contract works - TORTS - claim for set-off for damage caused to equipment stored in defendant's premises whilst plaintiff had possession of the premises for the purpose of carrying out agreed building works - water damage to CT Scanner to be used in radiology practice - consequential claim for economic loss Legislation Cited: Civil Liability Act 2002, s 5B Cases Cited: Banco de Portugal v Waterlow & Sons Ltd [1932] UKHL1; (1932) AC 452 Luxton v Vines [1952] HCA 19; (1952) 85 CLR 352 Category: Principal judgment Parties: Mory Pty Limited t/as Premier Commercial Interiors (Plaintiff/Cross-defendant) Alfred Medical Imaging Pty Limited (Defendant/Cross claimant) Representation: Ms R Francois (Plaintiff/Cross-defendant) Mr T Davie (Defendant/Cross claimant) Picone & Co (Plaintiff/Cross-defendant) Mulally Mylott (Defendant/Cross claimant) File Number(s): 2009/333139