SUPREME COURT OF QUEENSLAND
CITATION:
Rapid Roofing P/L & Ors v Natalise P/L & Ors [2007] QCA 94
PARTIES:
RAPID ROOFING PTY LTD ACN 088 568 165
(first plaintiff/first respondent)
ALLAN LEO GEORGE ERNESTINE and
MARY-ALISE PARQUETT ERNESTINE
(second plaintiffs/second respondents)
v
NATALISE PTY LTD ACN 094 771 954
AS TRUSTEE FOR THE ST ANGE FAMILY TRUST
(first defendant/first counter claimant/first appellant)
JOSE ST ANGE and MICHELLE ST ANGE
(second defendants/second counter claimants/second appellants)FILE NO/S:
Appeal No 8388 of 2006
DC No 115 of 2002DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
District Court at Southport
DELIVERED ON:
23 March 2007
DELIVERED AT:
Brisbane
HEARING DATE:
19 February 2007 and 14 March 2007
JUDGES:
Williams and Keane JJA and Atkinson J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
1. The defendants' appeal should be allowed, and the following orders made:
(a) set aside declarations and orders made below;
(b) set aside the dismissal of the counterclaim;
(c) the contract of sale is avoided from 31 October 2001, and the first plaintiff is to repay to the first defendant the sum of $151,295 and the defendants are to release to the plaintiffs all machinery and property noted in the bills of lading;
(d) the first plaintiff is to pay to the second defendant interest on the sum of $151,295 from 31 October 2001 at the rate of seven per cent per annum pursuant to s 47 of the Supreme Court Act 1995 (Qld);
(e) set aside the order for costs of the trial, and order instead that the plaintiffs pay 75 per cent of the defendants' costs of the trial
2. The plaintiffs should pay the defendants' costs of the appealCATCHWORDS:
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - PERFORMANCE - where contract between plaintiffs and defendants provided for discharge of mortgage over plaintiffs' property upon delivery of machinery to the defendants - where plaintiffs failed to deliver machinery on time and failed to insure machinery - whether plaintiffs in breach of contract - whether plaintiffs entitled to discharge of mortgage
TORTS - TROVER AND DETINUE - REMEDIES - ACTION FOR CONVERSION - DAMAGES - IN GENERAL - where plaintiffs shipped to defendants personal and partnership property in same container - where defendants refused to return property unless plaintiffs paid port charges - whether plaintiffs entitled to damages for conversion
DAMAGES - GENERAL PRINCIPLES - DIFFICULTY OF ASSESSING DAMAGES - where plaintiffs succeeded in claim for damages for detention of personal property - where claim based on loss of profits from sales to particular company - whether plaintiffs established that detention had resulted in loss
TRADE AND COMMERCE - TRADE PRACTICES ACT 1974 (CTH) AND RELATED LEGISLATION - CONSUMER PROTECTION - MISLEADING OR DECEPTIVE CONDUCT OR FALSE MISREPRESENTATIONS - CHARACTER OR ATTRIBUTES OF CONDUCT OR REPRESENTATION - RELIANCE, INDUCEMENT AND CAUSATION - where plaintiffs made representation to defendants…
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- Case
- [2007] QCA 94
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. The defendants' appeal should be allowed, and the following orders made:
(a) set aside declarations and orders made below;
(b) set aside the dismissal of the counterclaim;
(c) the contract of sale is avoided from 31 October 2001, and the first plaintiff is to repay to the first defendant the sum of $151,295 and the defendants are to release to the plaintiffs all machinery and property noted in the bills of lading;
(d) the first plaintiff is to pay to the second defendant interest on the sum of $151,295 from 31 October 2001 at the rate of seven per cent per annum pursuant to s 47 of the Supreme Court Act 1995 (Qld);
(e) set aside the order for costs of the trial, and order instead that the plaintiffs pay 75 per cent of the defendants' costs of the trial
2. The plaintiffs should pay the defendants' costs of the appeal
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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