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CISG CASE PRESENTATION

Australia 30 November 1995 Federal Dist. Ct., Adelaide (Roder v. Rosedown)
[Cite as: http://cisgw3.law.pace.edu/cases/951130a2.html]

Primary source(s) of information for case presentation: Case text

Case Table of Contents


Case identification

DATE OF DECISIONS: 19951130 (30 November 1995)

JURISDICTION: Australia

TRIBUNAL: Federal Court, South Australian District, Adelaide

JUDGE(S): Van Doussa

CASE NUMBER/DOCKET NUMBER: SG 3076 of 1993 and BC9501975

CASE NAME: Roder Zelt- und Hallenkonstruktionen GmbH v. Rosedown Park Pty Ltd et al

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


Classification of issues present

APPLICATION OF CISG: CISG not applied

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issues: No CISG provisions discussed

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Scope of Convention ; Torts

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Editorial remarks

Editor: Albert H. Kritzer

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

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Citations to case abstracts, texts, and commentaries

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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Pace Law School Institute of International Commercial Law - Last updated May 13, 2002
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