R C & M B Steinhardt Pty Ltd v Cunningham & Ors

The plaintiff, R.C. & M.B. Steinhardt Pty Ltd, sued the defendant, Mr Geoffrey Cunningham, for damages arising from the failure to detect the presence of tomato russet mite in its crop. The plaintiff's primary complaint against Mr Cunningham was that he negligently failed to detect the presence of tomato russet mite in its crop on Trevors Farm in the period September to November 1990. Alternatively, it alleged that if he did detect it, he negligently failed to advise appropriate treatment. The plaintiff sued in both tort and contract. The defence case was that Mr Cunningham did detect those mites in September 1990, that he told the plaintiff of their presence and advised appropriate treatment, but that his advice was not followed. The plaintiff claimed damages for the loss of the crop, lost sales, additional expenses, and lost sales due to buyer resistance. The court found that Mr Cunningham did not detect the tomato russet mite in Trevors 2 and 3 on 11 September 1990, and that he also failed to advise appropriate treatment. The court found the plaintiff liable for damages of $357,850.00 before any interest, and Mr Cunningham liable for his fees of $6,406.00. The court reserved the questions whether the plaintiff was entitled to interest and if so on what basis and how much for further argument.