The Barrington Services Group Pty Ltd v Bossy [2012] NSWDC 82

District Court New South Wales

Medium Neutral Citation: The Barrington Services Group Pty Ltd v Bossy [2012] NSWDC 82 Hearing dates: 8/5/12, 9/5/12 and 10/5/12 Decision date: 01 June 2012 Before: P Taylor SC DCJ Decision: 1. Judgment for the plaintiff in accordance with these reasons. Catchwords: QUANTUM OF DAMAGES - whether the plaintiff failed to mitigate its loss - breach of lease - damages for misleading conduct - whether a representation was made - whether Goods and Services Tax payable Legislation Cited: Civil Liability Act 2002 Trade Practices Act 1974 Cases Cited: Bullabidgee Pty Ltd v McCleary [2011] NSWCA 259 Butcher v Lachlan Elder Realty Pty Ltd (2004) 218 CLR 592 Gagner Pty Ltd (t/as Indochine Cafe) v Canturi Corporation Pty Ltd (2009) 262 ALR 691 Gumland Property Holdings Pty Limited v Duffy Bros Fruit Market (Campbelltown) Pty Limited (2008) 234 CLR 237; [2008] HCA 10 Karacominakis v Big Country Developments Pty Ltd [2000] NSWCA 313 Young v Lamb (No. 2) [2001] NSWSC 1014 Category: Principal judgment Parties: The Barrington Services Group Pty Ltd (plaintiff/cross-defendant) Marcel Emmanuel Abia Alf Bossy (first defendant) Amanda Fisher (second defendant/cross-claimant) Barrington Practice Pty Ltd (third defendant/cross-claimant) Representation: Mr C D Freeman with Ms Y Guo (plaintiff/cross-defendant) Mr D S Weinberger with Ms T Gordon (second and third defendants/cross-claimants) on 8/5/12 and 9/5/12 Ms T Gordon (second and third defendants/cross-claimants) on 10/5/12 Streeterlaw (plaintiff/cross-defendant) Whittens Lawyers & Consultants (second and third defendants/cross-claimants) File Number(s): 2011/63244