Lui v Guan; Sun Link Group Pty Ltd v Lui [2019] NSWSC 803

Supreme Court New South Wales

Medium Neutral Citation: Lui v Guan; Sun Link Group Pty Ltd v Lui [2019] NSWSC 803 Hearing dates: 27-28 June; 10-11 October and 6 December 2017; 12 March 2018; 4, 15 and 23 April 2018 (written submissions) Date of orders: 28 June 2019 Decision date: 28 June 2019 Jurisdiction: Common Law Before: Walton J Decision: The Court makes the following directions:

(1) Mr Lui shall file and serve:

(a) written submissions as to his claim for relief under prayer 4 of the amended statement of claim, with respect to the vehicle; and

(b) written submissions or evidence as to the question of interest and costs;

on or before 4pm on Friday, 12 July 2019.

(2) The defendants shall file and serve:

(a) written submissions in reply as to any claim for relief by Mr Lui under prayer 4 of the amended statement of claim, with respect to the vehicle; and

(b) written submissions or evidence in reply as to the question of interest and costs;

on or before 4pm on Friday, 26 July 2019.

(3) In the event that either party seeks an oral hearing in relation to the question of interest and costs, an application to that effect should be made in the written submission filed in accordance with orders (1) and (2) above. Catchwords: BREACH OF CONTRACT – written agreement – parties to agreement – construction of terms of agreement – principles of construction – objective surrounding circumstances – object and purpose of the agreement – whether obligations performed under the agreement – whether breach of agreement – claim for damages – payment of fee – damages regarding the vehicle – relief as to the vehicle and interest and costs subject to further directions