Australia 30 November 1995 Federal Dist. Ct., Adelaide (Roder v. Rosedown)
[Cite as: http://cisgw3.law.pace.edu/cases/951130a2.html]
DATE OF DECISIONS:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: SG 3076 of 1993 and BC9501975
CASE NAME:
CASE HISTORY: For a report on prior proceedings before this court, see case presentation Roder v. Rosedown 28 April 1995
SELLER'S COUNTRY: Germany (plaintiff)
BUYER'S COUNTRY: Australia (defendant)
GOODS INVOLVED: Tent hall structures
APPLICATION OF CISG: CISG not applied
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issues:
Classification of issues using UNCITRAL classification code numbers:
Descriptors:
Under domestic law, proceedings can arise that are classified part in contract and part in tort.
The prior phase of this proceeding (Roder v. Rosedown 28 April 1995) was directed primarily to contract issues with much substantive discussion on applications of the CISG. This phase of the proceeding is said to be confined to "the question of damages in tort arising from wrongful detention of the [goods]."
Issues are summarized in the headnote to the case as follows:
"Damages - assessment - wrongful retention of goods - applicant not in business of hiring goods - whether damages should be based on rental value of goods - whether rental value should be adjusted for direct overheads incurred in renting goods - whether damages should be based on value of the goods at the date of conversion"
The court resolved these issues and related issues involving interest -- rate of, calculation of -- entirely under the domestic law deemed applicable with no reference to the CISG
CITATIONS TO ABSTRACTS OF DECISION
(a) UNCITRAL abstracts: Unavailable
(b) Other abstracts
Unavailable
CITATIONS TO TEXT OF DECISION
Original language (English): Lexis
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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