Stone and Glass Equipment Limited v Aussie Strength Pty Ltd

Stone and Glass Equipment Limited sought summary judgment against Aussie Strength Pty Ltd for the unpaid balance of the purchase price of gymnasium equipment sold and delivered by the former to the latter. In response, Aussie Strength cross-claimed for damages based on the alleged defective condition of the equipment. Stone and Glass Equipment Limited applied for summary judgment against Aussie Strength, arguing that the undisputed facts of the case entitled it to judgment as a matter of law. Aussie Strength opposed the summary judgment application on the basis that the cross-claim disclosed a bona fide defence. Stone and Glass Equipment Limited also sought an order for judgment in US dollars.

The court considered whether summary judgment should be granted to Stone and Glass Equipment Limited and, if so, whether the amount of the judgment should be in Australian or US dollars. The court also considered whether the cross-claim disclosed a bona fide defence to Stone and Glass Equipment Limited's claim. The court found that the cross-claim did not disclose a bona fide defence to Stone and Glass Equipment Limited's claim. The court held that Stone and Glass Equipment Limited was entitled to judgment in the amount of the outstanding balance of the purchase price, expressed in Australian dollars at the rate of exchange prevailing at the date of judgment. The court held that pre-judgment interest should be calculated in Australian dollars, on the basis of the official rate of interest in Australia, from the date of the breach of contract until the date of judgment. Stone and Glass Equipment Limited was also granted leave to amend its statement of claim to include a claim for pre-judgment interest.

The court ordered that judgment be entered in favour of Stone and Glass Equipment Limited against Aussie Strength, for the sum of US$62,428.55, together with interest at the official rate from 10 August 2017 until the date of judgment. Aussie Strength was ordered to pay Stone and Glass Equipment Limited's costs of the summary judgment application on the standard basis.