Spire Concepts Pty Ltd v Suzie Dukes Pty Ltd [2024] NSWSC 412

Supreme Court New South Wales

Medium Neutral Citation: Spire Concepts Pty Ltd v Suzie Dukes Pty Ltd [2024] NSWSC 412 Hearing dates: 25 March 2024 Decision date: 19 April 2024 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) Judgment in favour of the third plaintiff against the first defendant in the sum of $113,357.78; (2) Judgment in favour of the first plaintiff against the second, third, fourth and fifth defendants in the sum of $50,000.00; (3) The defendants pay 50 percent of the plaintiffs' costs of the plaintiffs' claim as agreed or assessed; (4) The cross-claim be dismissed with costs. Catchwords: CONTRACTS — Remedies — Damages — Whether party is entitled to recover damages for breach of contract CONTRACTS — Remedies — Specific performance — Where contract is part of parties' larger commercial relationship ESTOPPEL — Promissory estoppel — Relief — Application of legal principles Cases Cited: Robinson v Harman (1848) 1 EXCH 850; 154 ER 363 Tabcorp Holdings Ltd v Bowen Investments Pty Ltd (2009) 236 CLR 272; [2009] HCA 8 The Commonwealth v Amann Aviation Pty Limited (1991) 174 CLR 64; [1991] HCA 54 Waltons Stores (Interstate) Limited v Maher (1988) 164 CLR 387; [1988] HCA 7 Category: Principal judgment Parties: Spire Concepts Pty Ltd (First Plaintiff) Suzie Dukes Group Pty Ltd (Second Plaintiff) Suzie Dukes Leasing Pty Ltd (Third Plaintiff) ST Leasing Pty Ltd (Fourth Plaintiff) Sharetea Leasing Pty Ltd (Fifth Plaintiff) Suzie Dukes Pty Ltd (First Defendant) Suzie Dukes North Rocks Pty Ltd (Second Defendant) M Ly Corporation Pty Ltd (Third Defendant) Michael Ly (Fourth Defendant) Suzie Dukes HQ Pty Ltd (Fifth Defendant) Representation: Counsel: Z Graus (Plaintiffs)