CITATION: John Gallagher Panel Beating & Anor v Palmer [2007] NSWSC 627 HEARING DATE(S): 1 May 2007
JUDGMENT DATE :
22 June 2007JURISDICTION: Common Law Division JUDGMENT OF: Associate Justice Harrison DECISION: (1) The appeal is upheld; (2) The decision of Magistrate Dare LCM dated 7 July 2006 is quashedinsofar as it relates to damages awarded in [47(h)] and Order 5.; (3) The matter is remitted to the Local Court to be determined according to law; (4) The defendant is to pay the plaintiffs' costs as agreed or assessed.; (5) The defendant is to have a Certificate under the Suitor's Fund Act, if appropriate. CATCHWORDS: Appeal decision of Local Court Magistrate - detinue - consequential loss LEGISLATION CITED: Local Courts Act 1982 (NSW) ss 73 & 75
Suitor's Fund ActCASES CITED: Allen v Kerr & Anor (1995) Aust Torts Reports 81-354
Australian Gas Light Co v Valuer General (1940) 40 SR (NSW) 126
Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139
Bodley v Reynolds (1846) 115 ER 1066
Carr v Neill [1999] NSWSC 1263
Devries v Australian National Railways Commission (1993) 177 CLR 472
Egan v State Transport Authority [1982] 31 SASR 481
Gaba Formwork Contractors Pty Ltd v Turner Corporation Ltd (1991) 32 NSWLR 175
Macrocom Pty Ltd v City West Centre Pty Ltd [2003] NSWSC 898
National Australia Bank Ltd v Nemur Varity Pty Ltd (2002) 4 VR 252
RL & D Investments Pty Ltd v Bisby (2002) 37 MVR 479
State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in Liq) (1999) 160 ALR 588PARTIES: John Daniel Gallagher t/as The John Gallagher Panel Beating Company Pty Ltd - Plaintiff
Timothy Palmer - DefendantFILE NUMBER(S): SC 13801/2006 COUNSEL: Mr A C Scotting - Plaintiffs
Mr L Tyndall - DefendantSOLICITORS: Robert H Storey - Plaintiffs
LOWER COURT JURISDICTION: Local Court LOWER COURT FILE NUMBER(S): 9900/2005 LOWER COURT JUDICIAL OFFICER : Dare LCM LOWER COURT DATE OF DECISION: 7 July 2006
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISIONASSOCIATE JUSTICE HARRISON
13801/2006 - THE JOHN GALLAGHER PANEL BEATINGFRIDAY, 22 JUNE 2007
JUDGMENT (Appeal decision of Local Court Magistrate
COMPANY PTY LTD & ANOR v
TIMOTHY PALMER
- detinue – consequential loss)
1 HER HONOUR: By summons filed 4 August 2006 the plaintiffs seek firstly, an order that Order 5 of the judgment of His Honour Dare LCM, dated 7 July 2006 in proceedings 9900/05 be set aside; and secondly that an order for the costs of the appeal be made in favour of the plaintiffs.
2 In these proceedings the first plaintiff is John Daniel Gallagher. The second plaintiff is The John Gallagher Panel Beating Company Pty Ltd. The defendant is Timothy Palmer. For convenience, in this judgment, I shall refer to the parties by name. John Daniel Gallagher and The John Gallagher Panel Beating Company Pty Ltd (Gallagher) were the first and second defendants in the Local Court proceedings. Timothy Palmer was the plaintiff…
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- AGLC
- John Gallagher Panel Beating v Palmer [2007] NSWSC 627
- Case
- [2007] NSWSC 627
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the plaintiffs were entitled to consequential loss damages for the defendant's retention of their vehicle. The plaintiffs argued that they were entitled to recover their costs and consequential loss, as they had suffered financial loss due to the delay in the return of their vehicle. The defendant contested the claim, arguing that the plaintiffs were not entitled to such damages as they had not suffered any direct loss due to the delay.
The court found that the plaintiffs were entitled to recover consequential loss damages for the defendant's retention of the vehicle. The court held that the plaintiffs had suffered a financial loss due to the delay in the return of their vehicle, which was a direct result of the defendant's wrongful detention. The court found that the plaintiffs were entitled to recover their costs and consequential loss, as they had suffered financial loss due to the delay. The court also found that the plaintiffs had not suffered any direct loss due to the delay, but had incurred additional costs as a result of the delay.
The court ordered the defendant to pay the plaintiffs the sum of $1,923.90 in consequential loss damages, along with interest and costs. The court also ordered the defendant to pay the plaintiffs' costs of the appeal.
Orders
Orders of the court
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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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