STATEMENT OF CLAIM

Statement of Claim

Statement of Claim

Court Procedures Rules 2006

(see r 50 (Originating claim—content etc), r 303 (Third-party notice—content etc))

In the Magistrates Court of the Australian Capital Territory

No *[SC/MC] of 2011 (Court to complete)

ACT AVIARIES PTY LTD

Plaintiff

PARKLIFE PTY LTD

Defendant

The plaintiff claims under the Sale of Goods Act:

Damages of $6906

Goods

Nylex Cover Shade, 50 x 10

Telescopiv Pole 5200mm Gal Steel, T-nut type, Galva-

Bond tubing, 89mm inner and 100 mm outer tube x 25

Nylex Aluminium railing 8m x 80

Press Stud Kit Refill Newey/Birch x 100

Stayput Canvas Canvas, Double Thickness x 100

Stayput Fastener, Horizontal Double Thickness x 15

Brewster Double Tum Button x 100

Brewster Eyelets 400 x 400a x 100

Total (including GST)

Price

$2,200.00

$2,500.00

$2,100.00

$ 30.00

$ 25.00

$ 22.00

$ 16.00

$ 16.00

$6,909.00

In the alternative, ACT Aviaries right to $800 worth of surplus aluminium claiming the ownership of goods lies under Sale of Goods contract

retention of title clause

Details of the claim are as follows:

1. At all material times, the Plaintiff:

(a)Owns the aviary with respect to the contract signed.

(b)has the option to make a claim for damages for the loss suffered ($800)

2. At all material times, the Defendant was:

(a)buyer of the aviary considering it a 'fixture'

(b)agrees to pay the purchase price to the seller no later than 90 days after delivery

PARTICULARS

Date Amount

A Sale of Goods contract was signed between ACT Aviaries and Parklife Pty Ltd (Parklife) on the 12th April 2011.

The contract included a retention of title clause that states title is to remain with ACT Aviaries until all accounts are paid.

ACT Aviaries installed an aviary enclosure at Mt Stromolo Butterfly Park owned by Parklife on the 1st of May 2011.

By 3 May 2011, the seller agrees to install the aviary at the store location.

Parklife has recently lost its financial backing and have filed for voluntary liquidation. They have not paid the bill for the enclosure. It can result in breach of contract between the Plaintiff and Defendant.

ACT Aviaries left $800 worth of surplus aluminum railings at the Butterfly Park for further maintenance.

Parklife have combined the surplus aluminum railings with other materials to make model butterflies.

The model butterflies were given to Weston Primary School, who then made a $1000 donation to the park.

On the 6th of May ACT Aviaries entered an oral agreement with the Parklife. 50 birdcages were given to Parklife to sell for $50 each. The agreement stated that ACT Aviaries kept ownership of the cages and Parklife would keep the proceeds for them.

On the 3rd of June Parklife had sold 35 of the cages for $80 each. Another agreement was made that stated the 15 unsold cages would remain for sale in Parklifes gift shop and the proceeds from the sale would be kept in a separate 'piggy bank' for ACT Aviaries.

In pursuance of the clause 5(b) in the original sale of goods contract, ACT Aviaries can enter Parklife's premises without liability for trespass and retake possession of the aviary enclosure.

If ACT Aviaries is unable to obtain the aviary enclosure from the butterfly park, they are entitled to the ...