Lahoud v Lahoud; Lahoud v Lahoud [2009] NSWSC 623

New South Wales Supreme Court

CITATION : Lahoud v Lahoud; Lahoud v Lahoud [2009] NSWSC 623

HEARING DATE(S) : 14, 15, 16, 17, 21, 22 and 24 April 2009

JUDGMENT DATE : 3 July 2009

JURISDICTION : Equity Division

JUDGMENT OF : Ward J

DECISION : Damages awarded to plaintiffs in 3606 of 2001. Judgment for plaintiffs in 3582 of 2007.

CATCHWORDS : DAMAGES – measure and remoteness of damages in actions for breach of contract – order made in previous hearing that Victor Lahoud interests perform contract – enquiry as to damages suffered by Joseph Lahoud interests resulting from Victor Lahoud interests' failure to transfer residential units for period of six years – Joseph Lahoud interests claimed damages referable to lost rent from units or interest on capital value of units – whether loss of income would be presumed from failure to transfer income-producing asset – consideration of Wenham v Ella and Hadley v Baxendale – held that Joseph Lahoud interests had only established loss of rents from particular leases existing at time of breach until expiry of those leases (and, in one case, an option lease) and had otherwise failed to establish loss. - CONTRACTS – general contractual principles – order made in previous hearing that parties execute Deed of Settlement in performance of obligation in Terms of Settlement – Deed substantially similar to Terms – Victor Lahoud interests exercised right under Deed to audit – whether Deed created new right to audit – if Deed created no new right, whether reasonable time for exercise of right under Terms had elapsed – whether right to audit should be construed to mean audit of specific figures or audit of project profits – held that Deed created new right to audit – if not, reasonable time had not elapsed – right to audit construed to mean a right to audit of project profits.