Burden v Horlock

[2009] WADC 200 (S)

BURDEN -v- HORLOCK & ANOR [2009] WADC 200 (S)

Last Update:  26/03/2010

BURDEN -v- HORLOCK & ANOR [2009] WADC 200 (S)
Jurisdiction:	DISTRICT COURT OF WESTERN AUSTRALIA	Citation No:	[2009] WADC 200 (S)
Case No:	CIV:1381/2008	Heard:	26-28 AUGUST & 1 SEPTEMBER 2009
Coram:	GOETZE DCJ	Delivered:	22/12/2009
Location:	PERTH	Supplementary Decision:	15/02/2010
No of Pages:	3	Judgment Part:	1 of 1
Result:	Judgment amended to $111,458.87
[Click here for Judgment in Adobe Acrobat Format ]

Parties:	TERRI LYNNE BURDEN NICHOLAS JAMES HORLOCK PIGMY PTY LTD T/AS COMMERCIAL MARINE MAINTENANCE (ACN 110 185 370)
Catchwords:	Amendment of judgment sum to account for variation of damages as previously agreed between the parties
Legislation:	Nil
Case References:	Nil

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION : PERTH CITATION : BURDEN -v- HORLOCK & ANOR [2009] WADC 200 (S) CORAM : GOETZE DCJ HEARD : 26-28 AUGUST & 1 SEPTEMBER 2009 DELIVERED : 22 DECEMBER 2009

SUPPLEMENTARY
DECISION : 15 FEBRUARY 2010 FILE NO/S : CIV 1381 of 2008 BETWEEN : TERRI LYNNE BURDEN

Plaintiff

AND

NICHOLAS JAMES HORLOCK
First defendant

PIGMY PTY LTD T/AS COMMERCIAL MARINE MAINTENANCE (ACN 110 185 370)
Second defendant

Catchwords:

Amendment of judgment sum to account for variation of damages as previously agreed between the parties

(Page 2)

Legislation:

Nil

Result:

Judgment amended to $111,458.87

Representation:

Counsel:

Plaintiff : No appearance
First defendant : No appearance
Second defendant : No appearance

Solicitors:

Plaintiff : SRB Legal
First defendant : DLA Phillips Fox
Second defendant : DLA Phillips Fox

Case(s) referred to in judgment(s):

Nil

(Page 3)

1 GOETZE DCJ: I delivered judgment in this matter on 22 December 2009 on the basis that storage costs were agreed in the sum of $6008.54 with a deduction to be made for GST in the sum of $600.

2 Since delivery of that judgment, the parties have agreed that they should not have agreed to deduct the GST sum of $600.

3 It is accordingly necessary to amend the amount of the allowed claim to $95,092.54 plus interest at 6 per cent per annum from 9 February 2007 to 22 December 2009, thus making the final judgment the sum of $111,458.87.

4 The parties are to provide a minute of agreed orders in such terms.

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