Mushroom Composters Pty Ltd v Is and DE Robertson Pty Ltd (No 2)

In *Mushroom Composters Pty Ltd v Is and DE Robertson Pty Ltd (No 2)*, the New South Wales Court of Appeal considered an appeal and cross-appeal concerning orders made by McDougall J in the Supreme Court of New South Wales. The dispute involved a cross-claim by DE Robertson Pty Ltd (Robertson) against Mushroom Composters Pty Ltd (Composters).

The primary legal issue before the Court of Appeal was the determination of the correct amount of damages to be awarded to Robertson on its cross-claim against Composters. This involved a review of the primary judge's findings regarding the quantum of loss suffered by Robertson.

The Court of Appeal, comprising Macfarlan and Gleeson JJA and Sackville AJA, set aside certain orders made by the primary judge. The Court found that the verdict for Robertson on its cross-claim should be in the sum of $1,009,477.15, inclusive of interest to 1 May 2014. Consequently, the Court directed the entry of judgment for Robertson against Composters in the sum of $974,660.15, with that judgment to take effect from 1 May 2014. The Court also noted an agreement between the parties that the amount owing by Composters to Robertson as at 17 March 2015 was $641,716.73. No order was made for the costs of the appeal, with each party bearing its own costs.