District Court
New South Wales
- Amendment notes
Medium Neutral Citation: Bentancur v Mammoliti [2024] NSWDC 201 Hearing dates: 21-24 May 2024 Date of orders: 4 June 2024 Decision date: 04 June 2024 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph [253]
Catchwords: CONTRACTS – supply by specialist automotive mechanic of services for restoration of Mercedes Benz 230 SL Pagoda motor vehicle – scope of the works – parties agree that, as a minimum, scope of works included supplier rebuilding engine to the vehicle – implied term to complete rebuild of works within a reasonable time – whether contract validly terminated by customer for delay in performance – whether cost of third party’s services to install substitute engine in vehicle was compensable – whether loss caused by breach – whether loss too remote – whether costs not reasonably incurred – asserted damage to paintwork whilst vehicle was in supplier’s possession
DAMAGES – customer engages third party to install a substitute engine into Vehicle – loss of bargain damages – whether monies paid to supplier recoverable as wasted expenditure – whether damage to external paintwork compensable
Legislation Cited: Civil Liability Act 2002 (NSW), ss 3B, 5A
Civil Procedure Act 2005 (NSW)
Cases Cited: Arsalan v Rixon (2021) 274 CLR 606
Baltic Shipping Co v Dillon (1993) 176 CLR 344
Carr v JA Berriman (1953) 89 CLR 327
Cessnock City Council v 123 259 932 Pty Ltd [2024] HCA 17
Glebe Island Terminals v Continental Seagram Pty Ltd (1993) 40 NSWLR 206
Hadley v Baxendale (1854) 156 ER 145
In the matter of Qenos Pty Ltd (Administrators Appointed) [2024] NSWSC 482
Koompahtoo Local Aboriginal Land Council v Sanpine (2007) 233 CLR 115
Krupowicz & Anor v CTTT & Anor [2003] NSWSC
Laurinda Pty Ltd v Capalba Park Shopping Centre Pty Ltd (1989) 166 CLR 623
Luna Park (NSW) Limited v Tramways Advertising Proprietary Limited (1938) 38 SR (NSW) 632
Robinson v Harman (1848) 154 ER 363
Sanpine v Koompahtoo Local Aboriginal Land Council [2006] NSWCA 291
Texts Cited: J Carter, Breach of Contract (LexisNexis Butterworths, 2011)
Category: Principal judgment Parties: Mr Danys Bentancur (Plaintiff)
Mr Giovanni John Mammoliti (Defendant)Representation: Counsel:
Solicitors:
Mr T Cleary (Plaintiff)
Ms C Langford (Defendant)
Matthews Folbigg Lawyers (Plaintiff)
Aubrey F Crawley & Co. (Defendant)
File Number(s): 2022/00368002 Publication restriction: Nil
REASONS FOR JUDGMENT
Introduction
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The plaintiff, Mr Danys Bentancur, is the owner of a Mercedes-Benz 230 SL Pagoda (registration AUD 15X and VIN 11304222009187) (the ‘Vehicle’) which he acquired in 2000. The defendant, Mr Mammoliti, describes himself as a qualified automotive engineer and fitter, and licensed motor vehicle repairer.
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In August or September 2014, Mr Bentancur and Mr Mammoliti entered into a verbal agreement. There is an issue about the scope of that agreement, however it is common ground that: (a) Mr Mammoliti was required to supply and install parts to the Vehicle; (b) the Vehicle (whether or not it…
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- Case
- [2024] NSWDC 201
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court was required to address included whether the contract was validly terminated by Bentancur due to delays in performance, whether the costs incurred by Bentancur for a third party to install a substitute engine were compensable, and if the loss caused by the breach was too remote or if the costs were not reasonably incurred. Additionally, the court had to determine if the damage to the external paintwork of the vehicle while in Mammoliti's possession was compensable.
In its reasoning, the court found that the contract implied a term that Mammoliti would complete the rebuild of the vehicle's engine within a reasonable time. Delays in performance led Bentancur to terminate the contract, a decision the court upheld as valid. The court held that the costs incurred by Bentancur to have a third party install a substitute engine were compensable, as they were a direct result of Mammoliti's failure to complete the rebuild in a timely manner. The court also ruled that the damage to the vehicle's paintwork was compensable, as it occurred while the vehicle was in Mammoliti's possession and control. Consequently, Bentancur was entitled to recover the costs of the third party's services and the damage to the paintwork, while the monies paid to Mammoliti were deemed recoverable as wasted expenditure.
The court's final orders are detailed in paragraph [253], providing clarity on the compensation to be awarded to Bentancur for the losses sustained due to Mammoliti's breaches of contract.
Orders
Orders of the court
See paragraph [253]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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