Mory Pty Ltd v Alfred Medical Imaging Pty Ltd

Mory Pty Ltd, the plaintiff, brought a claim against Alfred Medical Imaging Pty Ltd, the defendant, seeking damages for the cost of contract works, and for set-off of damage caused to equipment stored in the defendant's premises during the plaintiff's possession for building works. The dispute was heard in the Supreme Court of Victoria. The plaintiff, a construction company, had been contracted to carry out works at the defendant's premises, which included the installation of a CT scanner for use in radiology. During the works, water damage occurred to the CT scanner, leading to a claim for economic loss by the plaintiff against the defendant.

The court was required to decide several legal issues, including whether the defendant was liable for the cost of the contract works, whether the plaintiff was entitled to set-off for the damage to the CT scanner, and the amount of damages that should be awarded. The court also needed to determine the quantum of pre-judgment interest and whether any costs should be awarded to either party.

The court found that the defendant was liable for the cost of the contract works and that the plaintiff was entitled to a set-off for the damage to the CT scanner. The court assessed the damages for the cost of the contract works at $87,790.69 and the pre-judgment interest at $32,961.55. The court also found that the plaintiff was entitled to a set-off of $120,838.38, including pre-judgment interest, for the damage to the CT scanner. The court determined that the plaintiff was not entitled to any further costs. The court ordered that the plaintiff be awarded $87,790.69 plus pre-judgment interest, and that the defendant be awarded a set-off of $120,838.38, including pre-judgment interest. The court also ordered that the parties could apply for further orders if necessary.