Mushroom Composters v Robertson (No.2) [2014] NSWSC 552

Supreme Court New South Wales

Medium Neutral Citation: Mushroom Composters v Robertson (No.2) [2014] NSWSC 552 Hearing dates: On the papers Decision date: 12 May 2014 Jurisdiction: Equity Division Before: McDougall J Decision: Judgment for cross-claimant in the sum of $1,566,206.00. Cross-defendant to pay cross-claimant's costs of the action and the cross-claim Catchwords: DAMAGES - general principles - difficulty of assessing damages where future or hypothetical events- whether total absence of reliable evidence of company's financial affairs - whether methodology for quantifying losses was sound

DAMAGES - where successful claims by both parties - application of Civil Procedure Act 2005 (NSW) s 90(2)(a) Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Camellia Properties Pty Ltd v Wesfarmers General Insurance Ltd [2013] NSWSC 1975 Troulis v Vamvoukakis [1998] NSWCA 237 Category: Consequential orders Parties: Mushroom Composters Pty Ltd (Plaintiff/Cross Defendant) IS & DE Robertson Family Trust (Defendant/Cross Claimant) Representation: Counsel: GA Sirtes SC / SJ Duggan (Plaintiff/Cross Defendant) B F Katekar (Defendant/Cross Claimant) Solicitors: Curtis Delaney Gray (Plaintiff) Henry Davis York (Defendant) File Number(s): 2011/20925

Judgment 1HIS HONOUR: In reasons given on 4 March 2014 ([2014] NSWSC 164), I concluded that the plaintiff (Composters) succeeded in part on its claim and that the defendant (Robertson) succeeded in part on its cross-claim. 2There was no difficulty in quantifying the damages to which, on my findings, Composters was entitled. The figure was $27,815.00, exclusive of GST and before interest.