Junair Spraybooths ANZ Pty Ltd v Rydalmere Prestige Smash Repairs Pty Ltd (No. 2) [2019] NSWDC 459

District Court New South Wales

Medium Neutral Citation: Junair Spraybooths ANZ Pty Ltd v Rydalmere Prestige Smash Repairs Pty Ltd (No. 2) [2019] NSWDC 459 Hearing dates: On the papers Date of orders: 03 September 2019 Decision date: 03 September 2019 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 22 – 23. Catchwords: DAMAGES – calculation of extra labour expenses.

PRACTICE AND PROCEDURE – whether pre-judgment interest must be specifically claimed on the pleading – basis for interest to be calculated on 'replacement value' head of damages. Legislation Cited: Sale of Goods Act 1923 (NSW) Civil Procedure Act 2005 Category: Costs Parties: Junair Spraybooths ANZ Pty Ltd (Plaintiff) Rydalmere Prestige Smash Repairs Pty Ltd (Defendant/ Cross-Claimant) Representation: Counsel: Mr A Byrne (Plaintiff) Mr D Knackstredt (Defendant/ Cross-Claimant)

Solicitors: Mills Oakley (Plaintiff) Somerville Legal (Defendant/ Cross-Claimant) File Number(s): 2018/90606 Publication restriction: Nil

Judgment

Background 1. I gave judgment in this matter on 30 July 2019 (Junair Spraybooths ANZ Pty Ltd v Rydalmere Prestige Smash Repairs Pty Ltd [2019] NSWDC). I directed the defendant and cross-claimant, ('RPSR'), who substantially succeeded, to bring in short minutes after conferring with the plaintiff and cross-defendant ('Junair'). 2. The parties agree on the costs outcome of the proceeding, but they disagree on: 1. the amount that should be awarded for damages for the head of damage concerning 'extra labour' expenses; and 2. the amount that should be awarded (if any) for pre-judgment interest. 1. Since the disagreements relate more to matters of principle than arithmetic, I will address the arguments in principle, and in the light of those findings, direct the parties to confer again with the object of reaching agreement on the calculations for these disputed matters.