Roxo v McKay [2014] NSWSC 1317

Roxo v McKay [2014] NSWSC 1317

On the evidence available after default judgment, the plaintiffs established substantial loss caused by the defendants' breaches concerning unauthorised payments, failure to account for Norco income, and failure to transfer the milk supply agreement, but the full amount claimed was not allowed because aspects of the business valuation, operating losses and holding costs involved double counting. Damages were assessed at $1,200,000 with $40,000 allowed in lieu of interest.

Jurisdiction
Australia
Judgment Date
17 September 2014
Procedural Posture
Common Law Claim for Damages for Breach of Contract Concerning Management of a Dairy Farm / Assessment of Damages Following Judgment by Default on 9 August 2012
Outcome
Judgment for the plaintiffs in the sum of $1,240,000 plus costs.
Legal Topics
['breach of Contract' 'default Judgment' 'assessment of Damages' 'consequential Loss' 'business Valuation']
['contract Law' 'damages'] ['breach of Contract' 'default Judgment' 'assessment of Damages' 'consequential Loss' 'business Valuation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Common Law Claim for Damages for Breach of Contract Concerning Management of a Dairy Farm / Assessment of Damages Following Judgment by Default on 9 August 2012

Legal Issues

  1. 1 ['Assessment of damages consequential upon the breaches specified in the statement of claim' "Whether the plaintiffs' claimed losses involved double counting because business valuation assumed a going concern while operating losses assumed the business no longer operated"]

Ratio Decidendi

On the evidence available after default judgment, the plaintiffs established substantial loss caused by the defendants' breaches concerning unauthorised payments, failure to account for Norco income, and failure to transfer the milk supply agreement, but the full amount claimed was not allowed because aspects of the business valuation, operating losses and holding costs involved double counting. Damages were assessed at $1,200,000 with $40,000 allowed in lieu of interest.

Court Disposition

Judgment for the plaintiffs in the sum of $1,240,000 plus costs.

Orders

  • ['Judgment for the plaintiffs for $1,240,000 plus costs.']