NSW Caselaw
New South Wales District Court
CITATION: de Marigny v Newcastle Soccer Pty Ltd [2008] NSWDC 52 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 14.12.07
JUDGMENT DATE: 19 March 2008
JURISDICTION: Civil
JUDGMENT OF: Sidis DCJ
1. Verdict and judgment for the plaintiff in the sum of $165,502.49. DECISION: 2. The defendant to pay the plaintiff's costs on an ordinary basis up to and including 25 July 2006 and on an indemnity basis thereafter. 3. The order for payment of the judgment sum suspended to the extent of $65,000 for a period of 28 days or until further order. No other part of the orders made is suspended. 4. The exhibits will be retained for 28 days or until further order.
CATCHWORDS: Breach of contract - Assessment of damages - Loss of opportunity
Commonwealth of Australia v Amann Aviation Pty Ltd (1991) 174 CLR 64 Hadley v Baxendale (1854) 156 ER 145 Murray v Donnelly & anor [2000] NSWSC 634 CASES CITED: (2000) 34 ACSR 630 NSW Cancer Council v Sarfaty (1992) 28 NSWLR 68 Robinson v Harman (1848) 154 ER 363 Scharmann v Apia Club Ltd (1983) 6 IR 157 WT Partnership (Aust) Pty Ltd v Sheldrick (2000) 96 IR 202
PARTIES: Jean Paul de MARIGNY NEWCASTLE SOCCER PTY LTD trading as Newcastle United Football Club ("The Jets")
FILE NUMBER(S): Newcastle 467/06
COUNSEL: Plaintiff - R J A Sergi Defendant - T R Edwards
SOLICITORS: Plaintiff - Palmieri Law Firm Defendant - Emery Partners
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