NSW Caselaw
New South Wales Court of Appeal
CITATION: de Zylva v Hill [2009] NSWCA 435
HEARING DATE(S): 24 November 2009
JUDGMENT DATE: 23 December 2009
JUDGMENT OF: Hodgson JA at 1; Basten JA at 57; Macfarlan JA at 58
(1) Appeal allowed. DECISION: (2) Order 2 below (the judgment on the cross-claim) set aside, and in lieu thereof judgment for Mr Hill against Mr de Zylva for $19,102.31, to take effect as at 3 April 2009. (3) Mr Hill to pay Mr de Zylva's costs of the appeal, and to have a certificate under the Suitors' Fund Act 1951 if otherwise eligible.
CATCHWORDS: CONTRACTS – Measure of damages for breach – No allegation of termination for fundamental breach – Contract between accountants concerning conduct of accountancy business – Breaches by one in failing to devote all his working time to the business, and in failing to endeavour in good faith to mediate disputes – Company through which business conducted wound up on just and equitable ground – Other party awarded damages extending to the loss of the value of his share in the company and the business – Whether such damages within either limb of Hadley v Baxendale (1854) 9 Ex 341 156 ER 145.
CATEGORY: Principal judgment
CASES CITED: Hadley v Baxendale (1854) 9 Ex 341; 156 ER 145
PARTIES: Christopher de ZYLVA (appellant) Adam John HILL (respondent)
FILE NUMBER(S): CA 40149/09
COUNSEL: M B OAKES SC (appellant) D P ROBINSON SC/ E M PEDEN (respondent)
SOLICITORS: Neil Lawson & Co (appellant) Carneys Lawyers (respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 3001/06
LOWER COURT JUDICIAL OFFICER: Balla DCJ
LOWER COURT DATE OF DECISION: 3 April 2009
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