NSW Caselaw
New South Wales Court of Appeal
CITATION : CALDWELL & ANOR v HILL & ANOR [2000] NSWCA 239 FILE NUMBER(S) : CA 40049/99 HEARING DATE(S) : 1 August 2000 JUDGMENT DATE : 4 September 2000
PARTIES : Phillip Gordon CALDWELL & Anor v Peter David HILL & Anor JUDGMENT OF : Mason P at 1; Meagher JA at 60; Giles JA at 61
LOWER COURT JURISDICTION : District Court LOWER COURT DC 7484/94 FILE NUMBER(S) : LOWER COURT Balla ADCJ JUDICIAL OFFICER :
COUNSEL : Appellants: D H Murr SC; D A Smallbone Respondents: P M Donohoe QC; L T Grey SOLICITORS : Appellants: Whiteley Ironside & Shillington Respondents: Boyd Longhurst CATCHWORDS : Lease - lease for wine bar with additional rights over function room - right to use function room with prior booking - lessors' subsequent unwritten arrangement with other persons for function room - dispute over access to function room - subsequent arrangement not a "prior booking" for purposes of original lease - repudiation of lease - lessors' intention not to perform contract according to its terms - right to accept continuing repudiation of the lease not waived by lessees looking to sell wine bar business - appeal as to damages - insufficient reasons for damages figure - new trial as to damages - restitution of damages paid under earlier judgment - ND DECISION : New trial ordered as to damages
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40049/99 DC 7484/94
MASON P MEAGHER JA GILES JA
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