CB Cars 2 Pty Ltd v Phantom International Pty Ltd

CB Cars 2 Pty Ltd, a motor vehicle hire business, brought proceedings against Phantom International Pty Ltd, the registered owner of a Porsche, and an individual, seeking damages for the loss of the use of the vehicle and interest on that loss. The plaintiff claimed that the first defendant had transferred the registration of the Porsche without authorisation, preventing the plaintiff from re-registering and hiring out the vehicle. The second defendant was dismissed from the proceedings.

The court was required to determine the liability of the first defendant for the damages claimed by the plaintiff and the costs associated with the proceedings. The court also had to decide whether the second defendant was liable for any costs and whether the plaintiff could use the evidence tendered in these proceedings in another proceeding.

The court found that the first defendant was liable for the damages claimed by the plaintiff and ordered it to pay $66,514.15 in damages and interest. The court also ordered the first defendant to pay the plaintiff’s costs on an indemnity basis. The proceedings against the second defendant were dismissed, and the plaintiff was ordered to pay its costs on the ordinary basis. The court further ordered the first defendant to pay the plaintiff the costs ordered to be paid by the plaintiff to the second defendant. Finally, the court released the plaintiff from its Harman Undertaking, allowing it to use the evidence tendered in these proceedings in another proceeding.

The court’s orders were that the plaintiff be granted leave to amend the Summons, the proceedings be dismissed against the second defendant, and the plaintiff be released from its Harman Undertaking. The first defendant was ordered to pay the plaintiff’s costs on an indemnity basis, and the plaintiff was ordered to pay the second defendant’s costs on the ordinary basis. The first defendant was also ordered to pay the plaintiff the costs ordered to be paid by the plaintiff to the second defendant.