R C & M B Steinhardt Pty Ltd v Cunningham

This case involves R.C. & M.B. Steinhardt Pty Ltd (plaintiff) suing Alison Megan Cunningham, Leon Dei Rossi, Anthony John Salisbury, Geoffrey Paul Cunningham, Ken William Blowers, and Russell Neil Dei Rossi (defendants) for damages resulting from a breach of contract and breach of duty of care. The defendants counterclaimed against the plaintiff. The legal issues considered by the court included the calculation of damages, interest, and costs. The court found that the plaintiff's claim for interest expenses was unsatisfactory as it was not proven that the plaintiff would have applied the proceeds of sale towards reducing its indebtedness to creditors and the bank. The court also ruled that simple interest should be allowed from the date of the issue of the writ at bank overdraft rates prevailing from time to time in the area. The court decided that the costs of the claim should follow the event, meaning the unsuccessful defendants should pay the plaintiff's costs.

The final orders of the court were as follows: judgment for R.C. & M.B. Steinhardt Pty Ltd against A.M. Cunningham and G.P. Cunningham for $357,850 and interest at the rates mentioned in the reasons for judgment from the date of the writ, along with costs to be taxed. Judgment was entered on the claim for L.C. Dei Rossi, A.J. Salisbury, K.W. Blowers, and R.N. Dei Rossi against R.C. & M.B. Steinhardt Pty Ltd. On the counterclaim, judgment was entered for A.M. Cunningham and G.P. Cunningham against R.C. and M.B. Steinhardt Pty Ltd for $4,110 and interest at the rates mentioned in the reasons for judgment from 1 December 1990, along with costs to be taxed. Judgment was also entered for R.C. Steinhardt, M.B. Steinhardt, T. Steinhardt, K. Steinhardt, A. Gerry, and J. Gerry against A.M. Cunningham and G.P. Cunningham on the counterclaim, with the costs of the counterclaim to be taxed.