NSW Caselaw
New South Wales Court of Appeal
CITATION: BAIYAI PTY LTD v GUY [2009] NSWCA 65
HEARING DATE(S): 20-21/10/2008
JUDGMENT DATE: 1 April 2009
JUDGMENT OF: Beazley JA at 1; Giles JA at 2; Handley AJA at 3
(1) Appeal allowed in part; (2) Judgment of the District Court for $147,444 and costs in favour of the first plaintiff against the third defendant set aside except as to costs; DECISION: (3) Order that there be substituted judgment in favour of the first plaintiff against the third defendant for $198,990 inclusive of pre-judgment interest with affect from 8 August 2007; (4) Cross appeal dismissed; (5) Respondent and cross appellant to pay twenty five per cent of the appellant's costs of the appeal and cross appeal.
CATCHWORDS: DAMAGES – failure to mitigate loss. - VALUATION – value of land – offer by intending purchaser admissible. - VENDOR AND PURCHASER – Vendor not willing & able to perform contract – not entitled to recover price.
Baiyai Pty Limited - Appellant/Cross-Respondent PARTIES: Gregory Guy - Respondent/Cross-Appellant Lyndell Joy Humphrey - Second Cross-Respondent
FILE NUMBER(S): CA 40700 of 2007
COUNSEL: M Bradford - Appellant D L Davies SC with J Oakley - Respondent
SOLICITORS: Booth Brown Samuels & Olney - Appellant Ebsworth & Ebswroth - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 2004 of 2005
LOWER COURT JUDICIAL OFFICER: Rolfe DCJ
LOWER COURT DATE OF DECISION: 8 August 2007
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40700/07
BEAZLEY JA GILES JA HANDLEY AJA
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