Aysun Pty Ltd v Cregan [2011] NSWCA 203

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Aysun Pty Ltd v Cregan [2011] NSWCA 203 Hearing dates: 7 July 2011 Decision date: 29 July 2011 Before: Allsop P at 1 Hodgson JA at 1 Handley AJA at 1 Decision: 1. Cross-appeal allowed. 2. Orders of the District Court made on 18 November 2009 and entered on 25 May 2010 be set aside and in lieu thereof it be ordered as follows: (a) judgment for the defendants; (b) the plaintiff pay the defendants' costs. 3. Appeal dismissed. 4. The appellant pay the respondents' costs of the appeal and cross-appeal. 5. The cross-respondent to have a certificate under the Suitors' Fund Act 1951 (NSW) for the costs of the cross-appeal, if qualified. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CONTRACT - construction - Law Society and Real Estate Institute standard form contract for sale of business 2000 edition - content of vendor's promises, cl 10.

CONTRACT - breach - causation - vendors' promise that business "has complied" with regulatory requirements - vendors had not been enforcing limit on number of patrons - whether breach of condition caused loss to purchaser when limit subsequently enforced - past breach not causally connected to loss.