Eden Australasia Pty Ltd v Karneil Pty Ltd [2024] NSWDC 366

District Court New South Wales

Medium Neutral Citation: Eden Australasia Pty Ltd v Karneil Pty Ltd [2024] NSWDC 366 Hearing dates: 30 April, 1 May and 2 May 2024 Date of orders: 29 August 2024 Decision date: 29 August 2024 Jurisdiction: Civil Before: Cole DCJ Decision: (1) The plaintiff's claim is dismissed. Catchwords: CONTRACTS — Breach of contract — Standard of proof Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104 Realestate.com.au Pty Ltd v Hardingham and Others; RP Data Pty Ltd v Hardingham and Others [2022] HCA 39 Category: Principal judgment Parties: Eden Australasia Pty Ltd (Plaintiff) Karneil Pty Ltd (Defendant) Representation: Counsel: Mr D Allen (Plaintiff) Ms T Harris-Roxas (Defendant)

Solicitors: Kekatos Lawyers (Plaintiff) WMD Law (Defendant) File Number(s): 2022/133180 Publication restriction: Nil

JUDGMENT 1. On 8 September 2021, Eden Australasia Pty Ltd ('Eden') entered into a contract in writing to purchase the property at 142-144 Imlay Street, Eden, New South Wales ('the property'), from Karneil Pty Ltd ('Karneil') ('the contract'). 2. Settlement took place on 10 March 2022, and Eden became the registered proprietor of the property. 3. The Hotel Australasia ('the Hotel'), which is listed as a heritage item under the Bega Valley Local Environmental Plan 2013, is sited on the property. 4. In its statement of claim filed on 9 May 2022, Eden alleges that Karneil failed or neglected to complete the works set out in clause 53.1 of the contract and is therefore in breach of the contract.