Busways Blacktown Pty Ltd v Westbus Region 1 Pty Ltd (No 3) [2019] NSWSC 155

Supreme Court New South Wales

Medium Neutral Citation: Busways Blacktown Pty Ltd v Westbus Region 1 Pty Ltd (No 3) [2019] NSWSC 155 Hearing dates: 12 February 2019; further written submissions 22 February 2019 Decision date: 26 February 2019 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Indirect costs referable to CDC Bosnjak Businesses to be calculated on basis of proportion of Bosnjak buses to CDC Australia bus numbers; bank charges, bad debts and travel and accommodation expenses to be included in such costs Catchwords: CONTRACTS – remedies – damages – difficulty of assessment – how indirect costs should be calculated – whether indirect costs can be calculated by reference to bus numbers – whether indirect costs includes other categories of costs

PROCEDURE – miscellaneous procedural matters – submissions – where court made enquiry following further oral submissions – where written submissions proffered beyond scope of those required to answer the enquiry without leave Cases Cited: Bull v Lee (No 2) [2009] NSWCA 362 Busways Blacktown Pty Ltd v Westbus Region 1 Pty Ltd (No 2) [2018] NSWSC 1901 Busways Blacktown Pty Ltd v Westbus Region 1 Pty Ltd [2018] NSWSC 1590 Category: Consequential orders (other than Costs) Parties: Busways Blacktown Pty Limited (Plaintiff) Westbus Region 1 Pty Limited (First Defendant) Area 1 Management Company Pty Ltd (Second Defendant) B Calabro & Sons Pty Ltd (Third Defendant) Representation: Counsel: P M Wood with R E Raffell and T E O'Brien (Plaintiff) I M Jackman SC with D Klineberg (First Defendant)