Taouk v Assure (NSW) Pty Ltd [2017] NSWCA 227

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Taouk v Assure (NSW) Pty Ltd [2017] NSWCA 227 Hearing dates: 20 July 2017 Decision date: 08 September 2017 Before: Beazley P at [1]; White JA at [2]; Sackville AJA at [9] Decision: 1. Grant leave to the extent necessary to enable the appellant (Mr Taouk) to appeal from the orders made by Sackar J on 23 May 2017. 2. Note the appellant's Amended Notice of Appeal dated 26 June 2017. 3. Appeal allowed in part. 4. Set aside order 2(c) made by Sackar J on 23 May 2017. 5. Otherwise dismiss the appeal. 6. Vary the costs order made by Sackar J on 16 June 2017 so that it reads as follows: The plaintiff to pay the defendant's costs of the determination of the separate Questions on an indemnity basis. 7. The appellant pay 75 per cent of the respondent's (Assure's) costs of the appeal (including the summons for leave to appeal). Catchwords: CONTRACT – construction of a deed varying an agreement for the development of a site – whether the variation deed intended to effect a fundamental change in the financial arrangements between the parties – necessity to construe the variation deed in context

PROCEDURAL FAIRNESS – whether the appellant denied procedural fairness by entry of judgment on the respondent's cross-claim – whether determination of separate questions on liability left issues of quantum unresolved Legislation Cited: Real Property Act 1900 (NSW), s 74MA Supreme Court Act 1970 (NSW), ss 101(1)(a), 103