O'Sullivan v Great Wall Resources Pty Limited [2008] NSWSC 1115

New South Wales Supreme Court

CITATION : O'Sullivan v Great Wall Resources Pty Limited [2008] NSWSC 1115

HEARING DATE(S) : 19 May 2008 JUDGMENT OF : McLaughlin AsJ

EX TEMPORE JUDGMENT DATE : 19 May 2008

1. Upon inquiry I assess the damages to which the plaintiffs are entitled from the defendant in the amount of $89,487.54, together with interest upon the sum of $51,757.54 (being part of the foregoing amount) from 22 December 2006 and interest upon the sum of $37,730 (being the balance of the foregoing amount) from 19 January 2007. DECISION : 2. I order that the defendant pay the costs of the plaintiffs of the inquiry as to damages. 3. Upon the application of the defendant, which is not opposed by the plaintiffs, I order that there be a stay of execution up to and including 16 June 2008 upon the judgment consequent upon order (1) hereof.

CATCHWORDS : DAMAGES - inquiry as to amount - specific performance of contract - breach by defendant

Stephen O'Sullivan (First Plaintiff) PARTIES : Norella O'Sullivan (Second Plaintiff) Great Wall Resources (Defendant)

FILE NUMBER(S) : SC 1314 of 2006

COUNSEL : Mr T. Barrett (Plaintiff) Mr R. Wilson (Defendant)

SOLICITORS : Russell McLelland Brown (Plaintiff) Daly Lawyers (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ASSOCIATE JUSTICE McLAUGHLIN

Monday, 19 May 2008

1314 of 2006 STEPHEN O'SULLIVAN and ANOR – v – GREAT WALL RESOURCES PTY LIMITED JUDGMENT 1 HIS HONOUR: On 24 November 2006 Palmer J delivered his reasons for judgment in the substantive proceedings in this matter. Those were proceedings for specific performance brought by the plaintiffs, Stephen O'Sullivan and Norella O'Sullivan, against the defendant, Great Wall Resources Pty Limited. The plaintiffs were the purchasers and the defendant was the vendor of certain land at Yallah on the south coast of New South Wales. 2 His Honour found for the plaintiffs and ordered that there be specific performance, and further that there be an inquiry as to damages. His Honour's order was entered on the same date, 24 November 2006. That order included the following, 4. An order that an inquiry be held as to the amount of damages which the plaintiffs have sustained by reason of the defendant's refusal to perform the said contract. 6. An order that an inquiry be held as to the amount of damages which the plaintiffs have sustained by reason of the defendant's said breach of the said contract.