Siddiqui and Siddiqui v Asraf and Asraf [2012] NSWDC 117

District Court New South Wales

Medium Neutral Citation: Siddiqui and Siddiqui v Asraf and Asraf [2012] NSWDC 117 Hearing dates: 14/04/2012 to 24/04/2012 Decision date: 17 August 2012 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (a) Judgment for the plaintiffs against the defendants in the sum of $343,043.82. (b) Cross-claim dismissed. (c) Defendants to pay the plaintiffs' costs of the proceedings, including the costs of the cross-claim. Catchwords: CONTRACT - sale of land - payment by instalments - breach of contract - measure of damages Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Commonwealth of Australia v Verwayen (1990) 170 CLR 394 Equuscorp Pty Ltd v Haxton; Equuscorp Pty Ltd v Bassat; Equuscorp Pty Ltd v Cunningham's Warehouse Sales Pty Ltd [2012] HCA 7 McRae v Commonwealth Disposals Commission (1951) 84 CLR 377; [1951] ALR 771; (1951) 25 ALJR 425 Category: Principal judgment Parties: Khawaja-Bahauddin Siddiqui (first plaintiff/first cross-defendant) Younus Mohiuddin Siddiqui (second plaintiff/second cross-defendant) Asraf Mohammed (first defendant/second cross-claimant) Nazmin Nisha Asraf (second defendant/first cross-claimant) Representation: Mr Brezniak (plaintiffs/cross-defendants) Defendants/cross-claimants in person T A Williams (plaintiffs/cross-defendants) Defendants/cross-claimants in person File Number(s): 2010/366267 Publication restriction: No