NSW Caselaw
New South Wales Supreme Court
CITATION : Renata Marina Paola Webster -v- Hayvn Pty Limited [2007] NSWSC 958
HEARING DATE(S) : 4 April 2007
JUDGMENT DATE : 30 August 2007
JUDGMENT OF : Associate Justice McLaughlin
DECISION : 1. Upon inquiry, I find that the Plaintiff is entitled to damages from the Defendant in the amount of $203,949. 2. The exhibits may be returned.
CATCHWORDS : Inquiry as to damges. Sale of land. Damages to which Plaintiff is entitled. Difference between contract price and market value at date fixed for completion. Sale negotiated with underbidder. Whether that sale price reflects market value of land. Claim for interest. Until completion date interest is a component of contract price and is not a seperate head of damages. Plaintiff entitled to interest for period during which she was deprived of balance of contract price.
LEGISLATION CITED : Conveyancing Act 1919
Robinson v Harman (1848) 1 Ex 850; 154 ER 363 Hadley v Baxendale (1854) 9 Ex 341; 156 ER 145 Engell v Fitch (1869) LR 4 QB 659 CASES CITED : Wenham v Ella (1972) 127 CLR 454 Johnson v Perez (1988) 166 CLR 351 Commonwealth v Amann Aviation Pty Limited (1991) 174 CLR 64 Carpenter v McGrath (1996) 40 NSWLR 39
PARTIES : Renata Marina Paola Webster (Plaintiff) Hayvn Pty Limited (Defendant)
FILE NUMBER(S) : SC 5941 of 2002
COUNSEL : Mr R. Tregenza (Plaintiff) Ms J. Merkel (Defendant)
SOLICITORS : Biddulph & Salenger (Plaintiff) White Barnes (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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