Payce Communities Pty Ltd v Canterbury-Bankstown Council (No 2) [2021] NSWSC 404
NSW Caselaw
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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.
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Endnote
1. Payce Communities Pty Ltd v Canterbury-Bankstown Council [2021] NSWSC 331.
DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.
Decision last updated: 20 April 2021
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