Amcor Trading Pty Ltd v Metal Roofing & Cladding Pty Ltd

Amcor Trading Pty Ltd, the plaintiff, sued Metal Roofing & Cladding Pty Ltd, the defendant, for the balance of monies owed for goods supplied and damages for breach of contract, specifically for the loss on the resale of resin reclaimed from the defendant. The defendant's counterclaim was dismissed. The court examined the terms of trade, particularly clause K, which stipulated that payment was to be made within 30 days of the last day of the month of delivery, with the due date being the essence of the contract. The defendant disputed the plaintiff's claim for interest on the damages for breach of contract and on an amount paid post the due date.

The court held that the plaintiff was entitled to interest on the damages for breach of contract based on the difference between the contract price and the resale price of the reclaimed material. The court found that the interest claim did not fall under the interest clause but allowing the interest claimed was appropriate and likely more favourable to the defendant than the statutory rate. The court also ruled that the $125,000 paid by the defendant post the due date was subject to the interest clause. The plaintiff's request for the judgment sum to bear interest from the date of pronouncement until payment at the prescribed rate was granted, reflecting the contractual provisions. The court also ordered the defendant to pay the plaintiff's costs of the action on a solicitor and own client basis as stipulated in the terms of trade.

The final orders were for the defendant to pay the plaintiff $781,237.59, with interest from the date of pronouncement until payment at the rate of 7.95 per cent compounding on monthly rests. The defendant was also ordered to pay the plaintiff's costs of the action on a solicitor and own client basis.