NSW Caselaw
New South Wales Supreme Court
CITATION : Paillas v Loans Plus Pty Ltd [2008] NSWSC 849 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 1 May 2008; 14 May 2008
JUDGMENT DATE : 19 August 2008
JUDGMENT OF : Fullerton J
1. In accordance with paragraph 40 herein, the first defendant to pay damages in the following amounts: a) $ 195,000 plus interest to the date of judgment; b) $ 3,300 plus interest to the date of judgment; DECISION : c) $ 79,766.63 plus interest to the date of judgment; d) $ 6,991.16. 2. The plaintiffs to have liberty to apply on 3 days notice for orders as to the interest component in orders 1 (a)-(d). 3. The first defendant to pay the plaintiffs' costs.
CATCHWORDS : CONTRACTS - breach of contract - damages
Fair Trading Act 1987 LEGISLATION CITED : Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005
CASES CITED : Hadley v Baxendale (1854) 2 CLR 517
TEXTS CITED : LexisNexis, Ritchie's Uniform Civil Procedure NSW
John Edward Paillas (1st Plaintiff) Christine Joyce Paillas (2nd Plaintiff) PARTIES : Rodney John Paillas (3rd Plaintiff) Loans Plus Pty Ltd (1st Defendant) Rory Joseph McDonnell (2nd Defendant)
FILE NUMBER(S) : SC 2006/20001
COUNSEL : CS Ward (Plaintiffs) Second defendant in person
SOLICITORS : Peninsula Law Solicitors (Plaintiffs) Second defendant in person
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