Palin v Vetterli (No 2) [2013] NSWSC 1145

Supreme Court New South Wales

Medium Neutral Citation: Palin v Vetterli (No 2) [2013] NSWSC 1145 Hearing dates: 8 August 2013 Decision date: 22 August 2013 Jurisdiction: Common Law Before: Schmidt J Decision: 1. Judgment for the defendants/cross-claimants be entered. 2. The Court declares that each defendant/cross-claimant has rescinded each of the following: (a) The Contract for the Sale of the R&D Foods and Elba Grissini business with the plaintiffs/cross-defendants; (b) The Lease for the premises known as Units 10 and 11, 10-12 Childs Road, Chipping Norton with the plaintiffs/cross-defendants; (c) The Chattel Mortgage with the plaintiffs/cross-defendants. 3. That the plaintiffs/cross-defendants pay damages to the defendants/cross-claimants inclusive of interest, up to and including 8 July 2013, in the amount of $126,826.37 and from 9 July 2013 on the amount of $100,000.00 pursuant to s 101 of the Civil Procedure Act 2005 until payment. 4. The plaintiffs/cross-defendants pay the defendants/cross-claimants' costs of the proceedings, as agreed or assessed. 5. All exhibits and subpoenaed material may be returned forthwith; any exhibits returned must be retained intact by the party or person that produced the material until the expiry of the time to file an appeal, or until any appeal has been determined. Catchwords: PROCEDURE - costs - departing from the general rule - calculation of damages - orders made Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Arian v Nguyen [2001] NSWCA 5; (2001) 33 MVR 37 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Palin v Vetterli [2013] NSWSC 893 Category: Costs Parties: Caterino Palin (First Plaintiff) Dorothea Lucy Palin (Second Plaintiff) Rene Vetterli (First Defendant) Ngoc Vetterli (Second Defendant) Representation: Counsel: Mr P Folino-Gallo (Plaintiffs) Mr L Gor (Defendants) Solicitors: Sydney Law Practice (Plaintiffs) File Number(s): 2011/39438 Publication restriction: None