Ashmore Aged Care Centres Pty Ltd v Jamdex Pty Ltd & Anor [1990] QSC 47

(?}?/J 10 20 30 40 50 60 <, I IN THE SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION ,/;. ,'IAI'1 ~ . ~ y~~~ (04,:,.- 4 of 1 939 SUED IN o. 51. ... . COPiES .IS..., . ~,,1c:co BEFORE MR. JUSTICE COOPER BRISBANE, 19 FEBRUARY 1990 Rev-"· . Bure u Court Report1n;:1 . 31q.:; r oate:l.o I BETWEENJ:r n ...,.._ (Copyright in this transcript is vested i the Crown. Copies thereof must not be mad or sold without the written authori~y of th Chief Court Reporter, Court RElporting Bureau.!) 10 ASHMORE AGED CARE CENTRES PTY.LTD. - and - Plaintiff I 20 JAMDEX PTY. LTD. - and - First Defendant MAX SAMUEL DZIENCIOL Second Defendant I 30 JUDGMENT HIS HONOUR: The first and second defendants having been called and having failed to appear_ in the trial of the action, the plaintiff has sought to proceed under the provisions of 0.39 r.31 for judgment in default of appearance. Having regard to the contents of the affidavit material, the pleadings and the exhibits, being the contract and the lease, and the affidavit of Mr. Potter, I am satisfied that the plaintiff is entitled to 40 judgrnent in respect of the matters set forth in para. 5 (a), 5 (b) I so 5(?) and S(e) in the affidavit of Geoffrey Anthony Wockner, filed by leave this day. I am not satisfied on the material'before me that the plaintiff is .entitled to judgment in respect of the item S(d) in the said affidavit as , l. am not satistied the1t at the relevant time -Govt. Printer, Qld. -1- 60 -- 1 of 2 -- 10 20 30 40 50 60 the plaintiff had property in the goods, the subject of the action, sufficient to support the claim in detinue. In consequence, the plaintiff will be entitled to judgment in respect of the items that I have indicated against the first and second defendants. There will be judgment against the first defendant in the sum of $42,961.18 together with interest at the rate of 12 per cent per annum from the date of filing of the writ of sum.~ons to the date of judgment together with costs of and incidental to the action including reserved costs, if any, to be taxed. There will be judgment against the second defendant for the sum of $76,961.18 together with interest at the rate of 12 per cent per annum from the date of filing of the writ of summons to the date of judgment together with costs of and incidental to the trial of the action including reserved costs, if any, to be taxed. 10 20 30 Order that the matter be referred to the Master for an inquiry as to such further damages, if any, as may have been sustained by the plaintiff as a result of the breach of contract40 of the first defendant for which the first defendant and second defendant are liable to the plaintiff, and judgment in such sum as may be found by the Master as damages. ,t. Printer, Qld. -2- 50 60 -- 2 of 2 --