CITATION: Care Park Pty Ltd v Universal One Communication Pty Limited & Anor [2009] NSWSC 1405 HEARING DATE(S): 9 December 2009
JUDGMENT DATE :
18 December 2009JUDGMENT OF: Hoeben J DECISION: Verdict in favour of the plaintiff against the first defendant in the sum of $12,329.63.
Verdict in favour of the second defendant.
The parties are each to pay their or his own costs of these proceedings.CATCHWORDS: CONTRACT - car park - whether contract entered into - whether plaintiff entitled to liquidated damages for failure of vehicle owner to pay parking fee - TORT - whether claim in trespass available to car park operator - whether claim for aggravated damages available - failure to plead relief sought in originating process - INJUNCTION - whether damages and adequate remedy - whether grounds for injunctive relief established - COSTS - claim inappropriate for Supreme Court - exercise of costs discretion - CORPORATIONS - effect of corporation being deregistered on relief claimed. LEGISLATION CITED: Corporations Act 2001 (Cth)
District Court Act 1973CATEGORY: Principal judgment CASES CITED: Balmain New Ferry Co Ltd v Robertson (1906) 4 CLR 379
Barker v R (1983) 153 CLR 338
New South Wales v Ibbett (2006) 229 CLR 638PARTIES: Care Park Pty Ltd - Plaintiff
Universal One Communication Pty Limited - First Defendant
Josef Alexander - Second DefendantFILE NUMBER(S): SC 11310/2009 COUNSEL: Mr J Stoljar SC/Mr P Reynolds - Plaintiff
Self represented - First and Second DefendantsSOLICITORS: Parke Lawyers - Plaintiff
Self represented - First and Second Defendants
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISIONHOEBEN J
11310/2009 - CARE PARK PTY LTD v UNIVERSAL ONE COMMUNICATION PTY LIMITED and AnorFriday, 18 December 2009
JUDGMENT
1 HIS HONOUR:
1. Liquidated damages against the first and second defendants jointly and severally in the sum of $4,455.00.Nature of proceedings
The plaintiff moves by way of summons for the following orders:
2. Liquidated damages against the first defendant in the sum of $7,095.00.
3. An order that the defendants jointly and severally and by their agents, employees or servants be restrained from entering upon the plaintiff’s premises known as the “Officeworks Car Park” situated at 41 George Street in Parramatta, New South Wales.
4. Interest.
5. Costs.
2 The summons did not set out any grounds for the relief sought. There were no other pleadings. The summons was supported by a number of affidavits. An affidavit was filed by the second defendant, who is a director and the sole shareholder of the first defendant, which made it clear that the defendants were contesting the orders sought in the summons. The second defendant represented himself and the first defendant.
3 The nature of the claim in the summons was clarified by written submissions, filed on behalf of the plaintiff, on 3 December 2009. Against the first defendant the plaintiff seeks liquidated damages for breach of contract and unliquidated damages for trespass, together with injunctive relief. Against the second defendant, the plaintiff…
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- Case
- [2009] NSWSC 1405
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included determining the existence of a contractual agreement, the enforceability of liquidated damages clauses, and the possibility of trespass and aggravated damages in the context of car park services. The court also had to consider whether damages were an adequate remedy for the plaintiff's losses and whether there were grounds for injunctive relief. Furthermore, the court examined the effect of the deregistration of Universal One Communication on the enforceability of the contract and the plaintiff's claims.
The court held that a valid contract existed between the parties, and the plaintiff was entitled to liquidated damages for the unpaid parking fees. It ruled that the plaintiff was not entitled to claim in trespass or for aggravated damages. The court found that damages were an adequate remedy for the losses suffered by the plaintiff. It also determined that there were no grounds for injunctive relief as damages provided an adequate remedy. Lastly, the court exercised its discretion under the Supreme Court Act to award costs and dismissed the claim as being more appropriately brought in a lower court.
The court ordered that the claim be dismissed with costs, and the plaintiff was to bear the costs of the defendant. Additionally, the court noted that the deregistration of Universal One Communication did not affect the enforceability of the contract or the plaintiff's claims, as the corporation's liability was not contingent on its registration status.
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