DH MB Pty Ltd v Manning Motel Pty Ltd [2014] NSWCA 396

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: DH MB Pty Ltd v Manning Motel Pty Ltd [2014] NSWCA 396 Hearing dates: 29 August 2014 Decision date: 20 November 2014 Before: Meagher JA at [1]; Barrett JA at [34]; Gleeson JA at [35] Decision: 1. Appeal dismissed. 2. Appellants to pay respondent's cost of the appeal. [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 - collateral contract - where second appellant promised purchase of room sales as inducement for respondent to enter lease with first appellant - whether intention to create legal relations

CONTRACT - breach of covenant to repair - where lessee had to obtain alternative accommodation - measure of damages Cases Cited: Australian Woollen Mills Pty Ltd v The Commonwealth [1954] HCA 20; 92 CLR 424 Calabar Properties Ltd v Stitcher [1984] 1 WLR 287 Ermogenous v Greek Orthodox Community [2002] HCA 8; 209 CLR 95 Gates v City Mutual Life Assurance Society Ltd [1986] HCA 3; 160 CLR 1 JJ Savage & Sons Pty Ltd v Blakney [1970] HCA 6; 119 CLR 435 Masters v Cameron [1954] HCA 72; 91 CLR 353 Category: Principal judgment Parties: DH MB Pty Ltd (First Appellant) DH BI Pty Ltd (Second Appellant) Matthew John Duffy (Third Appellant) Manning Motel Pty Ltd (Respondent) Representation: Counsel: A W Street SC with L Tyndall (Appellants) A P Cheshire with S Spadijer (Respondent) Solicitors: Gadens Lawyers (Appellants) Goldrick Farrell Mullan Solicitors (Respondent) File Number(s): 2013/357231 Decision under appeal Citation: [2013] NSWSC 1582 Date of Decision: 2013-11-01 00:00:00 Before: Lindsay J File Number(s): 2011/00410040