PNC Lifestyle Investments Pty Ltd v REW08 Projects Pty Ltd (No 2) [2017] NSWSC 993

Supreme Court New South Wales

Medium Neutral Citation: PNC Lifestyle Investments Pty Ltd v REW08 Projects Pty Ltd (No 2) [2017] NSWSC 993 Hearing dates: On the papers Date of orders: 26 July 2017 Decision date: 26 July 2017 Jurisdiction: Equity Before: Darke J Decision: Damages awarded for increased building costs sustained by plaintiff due to defendant's delay in completion of the contract. Catchwords: CONTRACTS – damages for breach of contract – separate determination of damages following decree of specific performance of contract for sale of land – delay in completion of contract – claim for damages for increased building costs and lost rental income – date for assessment – whether causation of loss established

EQUITY – equitable remedies – equitable damages pursuant to Supreme Court Act 1970 (NSW), s 68 – claim for damages in addition to decree of specific performance – delay in completion of contract – claim for damages for increased building costs and lost rental income – date for assessment – whether causation of loss established Legislation Cited: Supreme Court Act 1970 (NSW), s 68 Cases Cited: Clark v Macourt (2013) 253 CLR 1; [2013] HCA 56 European Bank Ltd v Evans (2010) 240 CLR; [2010] HCA 6 Hadley v Baxendale (1854) 156 ER 145 Lahoud v Lahoud (2009) NSW ConvR 56-245; [2009] NSWSC 623 Madden v Kevereski [1983] 1 NSWLR 305 NG v Filmlock Pty Ltd (2014) 88 NSWLR 146; [2014] NSWCA 389 Penrith Whitewater Stadium Ltd v Lesvos Pty Ltd (2007) 13 BPR 24,799; [2007] NSWCA 176 PNC Lifestyle Investments Pty Ltd v REW08 Projects Pty Ltd [2017] NSWSC 27 State of New South Wales v Burton [2008] NSWCA 319 The Mediana [1900] AC 113 Wenham v Ella (1972) 127 CLR 454 Wentworth v Woollahra Municipal Council (1982) 149 CLR 672 Wroth v Tyler [1974] Ch 30 Texts Cited: J D Heydon, M J Leeming and P G Turner, Meagher, Gummow and Lehane's Equity: Doctrines and Remedies (LexisNexis Butterworths, 5th ed, 2015) Category: Principal judgment Parties: PNC Lifestyle Investments Pty Limited (Plaintiff) REW08 Projects Pty Limited (Defendant) Representation: Counsel: Mr J Doyle (Plaintiff) Mr P Folino-Gallo (Defendant)