Wang v Garland Lot 3 Pty Ltd [2013] NSWSC 1112

Supreme Court New South Wales

Medium Neutral Citation: Wang v Garland Lot 3 Pty Ltd [2013] NSWSC 1112 Hearing dates: 15-16 July 2013 Decision date: 19 August 2013 Jurisdiction: Equity Division Before: Robb J Decision: 1The plaintiff is entitled to an award of damages against the first defendant for breach of contract of $113,000 plus interest to be calculated. 2The plaintiff's proceedings against the second and third defendants are dismissed, 3The parties are to bring in short minutes to reflect these reasons for judgment. 4The court will hear submissions as to costs. Catchwords: CONTRACTS - disagreement as to purchase price - wrongful termination of contract - whether inclusion of powder room express or implied term - counterpart contracts contained different amendments - whether parties agreed to be bound by terms in defendants' counterpart that were not included in plaintiff's counterpart Legislation Cited: First Home Owner Grant Act 2000 State Revenue and Other Legislation Amendment (Budget Measures) Act 2012 No 46 State Revenue Legislation Amendment Act 2009 No 46 State Revenue Legislation Further Amendment Act 2009 No 51 Cases Cited: BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Georgiou v Sindel [1982] 1 NSWLR 435 Hadley v Baxendale (1854) 9 Exch 341 Musumeci v Winadell Pty Ltd (1994) 34 NSWLR 723 Sindel v Georgiou [1984] HCA 58; (1984) 154 CLR 661 Zaccardi v Caunt [2008] NSWCA 202 Category: Principal judgment Parties: Linfeng Wang (Plaintiff) Garland Lot 3 Pty Ltd (ACN 124 669 469) atf Garland Lot 3 Unit Trust (1st defendant) Phillip John Bartlett (2nd defendant) Janet Elizabeth Pennington (3rd defendant) Representation: Counsel: A Sullivan (Solicitor) (Plaintiff) A E Munro (Defendants) Solicitors: Edrison Lawyers (Plaintiffs) McCullough Robertson Lawyers (Defendants) File Number(s): 2012/143155