BBQ Smokers Australia Pty Ltd Mainfreight International Pty Ltd [2019] NSWSC 1733

Supreme Court New South Wales

Medium Neutral Citation: BBQ Smokers Australia Pty Ltd Mainfreight International Pty Ltd [2019] NSWSC 1733 Hearing dates: 18 November 2019 Date of orders: 09 December 2019 Decision date: 09 December 2019 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The appeal is dismissed.

(2) The decision of her Honour Magistrate Kennedy dated 31 May 2019 is affirmed.

(3) The summons filed 21 June 2019 is dismissed.

(4) The plaintiff is to pay the defendant's costs on an ordinary basis. Catchwords: APPEAL FROM LOCAL COURT — Local Court Act 2007 (NSW) — Assessment by Magistrate of economic loss — Whether Magistrate erred in determining award for loss of profits — Whether Magistrate gave sufficient reasons — Where the plaintiff's shipment of BBQ smokers was delayed and damaged Legislation Cited: Local Court Act 2007 (NSW), ss 39, 41 Uniform Civil Procedure Rules 2005 (NSW) rr 42.14, 42.15A Cases Cited: Allen v Kerr & Anor (1995) Aust Torts Reports 81-354 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Carr v Neill [1999] NSWSC 1263 Jung v Son [1998] NSWCA 120 Mitchell v Cullingral Pty Ltd [2012] NSWCA 389 RL & D Investments Pty Ltd v Bisby [2002] NSWSC 1082; (2002) 37 MVR 479 Wang v Yamamoto [2015] NSWSC 942 Category: Procedural and other rulings Parties: BBQ Smokers Australia Pty Ltd (Plaintiff) Mainfreight International Pty Ltd (Defendant) Representation: Counsel: H Woods (Plaintiff) W Ward (Defendant)