Payce Communities Pty Ltd v Canterbury-Bankstown Council (No 2) [2021] NSWSC 404

Supreme Court New South Wales

Medium Neutral Citation: Payce Communities Pty Ltd v Canterbury-Bankstown Council (No 2) [2021] NSWSC 404 Hearing dates: On the papers Decision date: 20 April 2021 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Amount of damages to be calculated in accordance with decisions in attached Scott Schedule Catchwords: JUDGMENTS AND ORDERS – plaintiff to be awarded damages – disagreement as to the arithmetical consequence of earlier reasons Cases Cited: Payce Communities Pty Ltd v Canterbury-Bankstown Council [2021] NSWSC 331 Category: Consequential orders Parties: Payce Communities Pty Ltd (Plaintiff) Canterbury-Bankstown Council (Defendant) Representation: Counsel: Mr D T Miller SC with Mr M Sheldon (Plaintiff) Mr B De Buse with Mr J E F Brown (Defendant)

Solicitors: Vincent Young Lawyers (Plaintiff) Marsdens Law Group (Defendant) File Number(s): 2019/133490

Judgment 1. I gave judgment in this matter on 6 April 2021. [1] At [355], I invited the parties to confer and agree on the quantum of damages to which Payce is entitled. 2. There has been a large measure of agreement about those matters. 3. The parties recorded their remaining disagreements in a further Scott Schedule. 4. I have recorded my conclusions in relation to those matters under the heading "Decision" in that Scott Schedule, a copy of which is attached to these reasons. Scott Schedule Annexure (186787, pdf) 5. The parties should now confer and agree on the orders necessary to finalise these proceedings.