Naaman v Sleiman [2015] NSWCA 259

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Naaman v Sleiman [2015] NSWCA 259 Hearing dates: 12 August 2015 Decision date: 01 September 2015 Before: Meagher JA at [1]; Ward JA at [2]; Gleeson JA at [3] Decision: (1) Appeal as against the first respondent dismissed with costs. (2) Leave is granted to the appellant to proceed with the appeal against the third respondent, Jaken Property Group Pty Ltd (in liquidation), pursuant to s 500(2) of the Corporations Act 2001 (Cth). (3) Appeal allowed as against the second and third respondents. (4) Set aside the orders made by Stevenson J on 24 December 2014, insofar as the plaintiff's claim for damages for loss of bargain following termination of the Deed was dismissed as against the second and third defendants. (5) Set aside order 4 made by Stevenson J on 10 March 2015, insofar as the plaintiff was ordered to pay the second defendant's costs of the proceedings. (6) Each of the appellant and the second respondent pay their own costs of the appeal. (7) The proceedings be remitted to the Equity Division of the Supreme Court for determination of the quantification of damages for loss of bargain following termination of the Deed. (8) The costs at first instance as between the plaintiff and the second defendant be determined following the outcome of the retrial on the quantification of damages. Catchwords: DAMAGES – contract – whether promisee had an accrued right to payment in the future following termination for promisor's repudiation – promisee's right to payment in the future contingent upon his further performance of executory obligations – no unconditional right to payment vested as at date of termination – whether payment obligations survived termination – payment obligations not intended to survive termination – loss of bargain damages – absence of claim for wrongful dismissal does not preclude claim for damages for loss of bargain following termination