Town & Country Property Management Systems Pty Ltd & Anor v Elie Kaltoum & Ors [2003] NSWSC 813

New South Wales Supreme Court

CITATION : Town & Country Property Management Systems Pty Ltd & Anor v Elie Kaltoum & Ors [2003] NSWSC 813 HEARING DATE(S) : 20 August 2003 JUDGMENT DATE : 17 September 2003 JURISDICTION: Equity JUDGMENT OF : Campbell J DECISION : Re-opening refused

CATCHWORDS : PRACTICE AND PROCEDURE - re-opening of decision by trial judge - when appropriate - decision made that defendant liable for breach of contract, and reference to Master to assess damages proposed in judgment already delivered - defendant alleges that recovery of damages would involve plaintiff recovering damages for loss of profits which could only have been earned in circumstances of plaintiff acting illegally - plaintiff also puts claim for loss of damages on alternative basis to loss of profits, namely loss of capital item - DAMAGES - general principles - recoverability of damages for breach of contract for loss of profits which could only have been earned by plaintiff acting in circumstances involving illegality LEGISLATION CITED : Property, Stock and Business Agents Act 1941 Autodesk Inc v Dyason (No.2) (1993) 176 CLR 300 Brownbill v Kenworth Truck Sales (NSW) Pty Ltd (1982) 59 FLR 56 Fitzgerald v FJ Leonhardt Pty Ltd (1997) 189 CLR 215 Lee v McClellan (1995) 127 FLR 383 CASES CITED : Smith's Newspapers Limited v Becker (1932) 47 CLR 279 State Rail Authority v Codelfa Construction Pty Ltd (No.2) (1982) 150 CLR 29 Wentworth v Rogers [2002] NSWSC 921 Wentworth v Woollahra Municipal Council (No.2) (1982) 149 CLR 672 Yango Pastoral Co Pty Ltd v First Chicago Australia Ltd (1978) 139 CLR 410 Town & Country Property Management Services Pty Limited - First Plaintiff/Respondent PFD Asset & Property Management Pty Ltd - Second Plaintiff PARTIES : Elie Kaltoum - First Defendant/Applicant Sandy-Real Estate Pty Ltd T/as Town & Country Real Estate Merrylands - Second Defendant MKR Holdings Pty Ltd - Third Defendant Matthew Karl Francis Robinson - Fourth Defendant FILE NUMBER(S) : SC 3625/99 COUNSEL : S Reuben - Plaintiff/Respondent RS Angyal - Defendants/Applicant SOLICITORS : Sid Hawach & Associates - Plaintiff/Respondent Lincoln Smith & Company - Defendants/Applicant