Chidiac v Bhatt, Vaidya and Rosybarb Pty Ltd [2015] NSWSC 1279

Supreme Court New South Wales

Medium Neutral Citation: Chidiac v Bhatt, Vaidya and Rosybarb Pty Ltd [2015] NSWSC 1279 Hearing dates: 1 – 3 and 24 – 25 July 2014, 23 June 2015, 27 July 2015 Decision date: 03 September 2015 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order for damages in the amount of $29,129 and interest under s 100 of the Civil Procedure Act. Order that the First Defendant pay (1) half of the costs of the Plaintiff for the hearing as to liability and (2) the Plaintiff's costs of and incidental to the first of the two hearing days referable to quantification of damages, both as agreed or as assessed. Catchwords: DAMAGES – general principles – difficulty of assessing damages – where limited evidence as to damages.

DAMAGES – measure and remoteness of damages in actions for breach of contract – orders made as to quantification of damages.

DAMAGES – general principles – incidence of taxation as affecting damages – where plaintiff claimed tax gross-up on damages – where plaintiff received disability pension as only source of income – where no expert evidence led in support of this aspect of the claim – whether damages should be grossed-up to account for tax. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 60, 90, 98, 98(4), 100 - Corporations Act 2001 (Cth) - Passenger Transport Act 1990 (NSW) - Uniform Civil Procedure Rules 2005 (NSW) rr 42.1, 42.34 Cases Cited: - Archer Capital 4A Pty Ltd (as trustee for Archer - Capital Trust 4A) v Sage Group plc (No 1) [2013] FCA 1029 - Batterham v Makeig [2010] NSWCA 86 - British Transport Commission v Gourley [1956] AC 185 - Bull v Lee (No 2) [2009] NSWCA 362 - Carr v Finance Corp of Australia Ltd (No 1) [1981] HCA 20; (1981) 147 CLR 246 - Commonwealth of Australia v Amann Aviation Pty Ltd [1991] HCA 54; (1991) 174 CLR 64 - Currabubula Holdings Pty Ltd v State Bank of New South Wales [2000] NSWSC 232 - Daniels v Anderson (1995) 37 NSWLR 438 - Howe v Teefy (1927) 27 SR (NSW) 301 - Ireland (as Executor of the Estate of the late Gordon) v Retallack (No 2) [2011] NSWSC 1096 - JLW (Vic) Pty Ltd v Tsiloglou [1994] 1 VR 237 at 241–242 - Malec v JC Hutton Pty Ltd [1990] HCA 20; (1990) 169 CLR 638 - McRae v Commonwealth Disposals Commission [1951] HCA 79; (1951) 84 CLR 377 - Notaras v Waverley Council [2007] NSWCA 333 - Re Employ (No 96) Pty Ltd (in liq) [2013] NSWSC 456 - Re Waterfront Investments Pty Ltd (in liq) [2015] NSWSC 18; (2015) 105 ACSR 280 - Sellars v Adelaide Petroleum NL [1994] HCA 4; (1994) 179 CLR 332 - Sherbourne Estate (No 2); Vanvalen v Neaves [2005] NSWSC 1003; (2005) 65 NSWLR 268 - Skalkos v T&S Recoveries Pty Ltd [2004] NSWCA 281; (2004) 65 NSWLR 151 - Williamson v Cmr for Railways (1960) SR (NSW) 252 Texts Cited: - Ritchie's Uniform Civil Procedure NSW Category: Consequential orders (other than Costs) Parties: Joseph Chidiac (Plaintiff) Prashant Bhatt (First Defendant) Gayatri Vaidya (Second Defendant) Rosybarb Pty Ltd (Third Defendant) Representation: Counsel: J P Rose (Plaintiff) P Bhatt (in person) (First Defendant) G Vaidya (in person) (Second Defendant)