Synergy Group Services Pty Ltd v The Owners Strata Plan No. 90607 & Anor [2021] NSWDC 636

District Court New South Wales

Medium Neutral Citation: Synergy Group Services Pty Ltd v The Owners Strata Plan No. 90607 & Anor [2021] NSWDC 636 Hearing dates: 17 November 2021 Date of orders: 26 November 2021 Decision date: 26 November 2021 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the plaintiff against the defendants for $7,552.94. (2) Reserve the question of costs of the proceedings, including the costs of the plaintiff's Notice of Motion filed on 10 September 2021. Catchwords: CONTRACT – parties entered into contract for commercial cleaning and maintenance – defendants failed to make payment in accordance with the contract - plaintiff terminated the contract for defendant's repudiatory conduct – whether defendants' conduct amounted to common law repudiation – whether plaintiff validly terminated contract by accepting the defendants' repudiation – whether there was a termination pursuant to a contractual term entitling the plaintiff to payment for the unexpired balance of the term DAMAGES - expectation damages and loss of profits Cases Cited: Burger King Corporation v Hungry Jack's Pty Ltd [2001] NSWCA 187; (2001) 69 NSWLR 558 Concut Pty Ltd v Worrell [2000] HCA 64; (2000) 176 ALR 693 Galafassi v Kelly [2014] NSWCA 190; (2014) 87 NSWLR 119 Koompahtoo Local Aboriginal Land Council v Sanpine [2007] HCA 61; (2007) 233 CLR 115 Laurinda Pty Ltd v Capalaba Park Shopping Centre Pty Ltd [1989] HCA 23; (1989) 166 CLR 623 McDonald v Dennys Lascelles Ltd [1933] HCA 25; (1933) 48 CLR 457 Rawson v Hobbs [1961] HCA 72; (1961) 107 CLR 466 The Commonwealth of Australia v Amann Aviation Pty Ltd [1991] HCA 54; (1991) 174 CLR 64 Texts Cited: Radan & Gooley, Principles of Australian Contract Law (4th Edition) LexisNexis Category: Principal judgment Parties: Synergy Group Services Pty Ltd (Plaintiff) The Owners - Strata Plan No. 90607 (First Defendant) The Owners – Strata Plan No. 90582 (Second Defendant) Representation: Counsel: L Robb Vujcic (Plaintiff) D Elliot (Defendants)