Brunton v Hennessy [2020] NSWSC 972

Brunton v Hennessy [2020] NSWSC 972

The contract for sale did not contain an express or implied term obliging the vendor to construct the access road to the standard set by development consent. While the contract required installation of cattle grids at fences and boundaries crossed by the access track, the plaintiffs failed to demonstrate damages beyond nominal loss from the absence of grids; nor was specific performance appropriate without showing damages were inadequate. Thus, nominal damages only were awarded for breach of the cattle grids requirement.

Jurisdiction
Australia
Judgment Date
29 July 2020
Procedural Posture
Civil / Principal Judgment (post Hearing, First Instance)
Outcome
Plaintiffs entitled to nominal damages for breach of Additional Condition 16 of contract for sale; Plaintiffs otherwise failed to establish any breach; Submissions to be made as to costs.
Legal Topics
['contract for Sale of Land' 'rights of Way' 'access Agreements' 'implied Terms' 'specific Performance' 'remedies in Equity' 'nominal Damages' 'construction of Contracts']
['land Law' 'equity'] ['contract for Sale of Land' 'rights of Way' 'access Agreements' 'implied Terms' 'specific Performance' 'remedies in Equity' 'nominal Damages' 'construction of Contracts']

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Procedural Posture

Civil / Principal Judgment (post Hearing, First Instance)

Legal Issues

  1. 1 ['Whether the contract for sale contained an express or implied term requiring construction of an access road to a specified standard' 'Whether there was breach of contract for failing to install cattle grids as required by the contract' 'Appropriateness of specific performance versus damages for the breach']

Ratio Decidendi

The contract for sale did not contain an express or implied term obliging the vendor to construct the access road to the standard set by development consent. While the contract required installation of cattle grids at fences and boundaries crossed by the access track, the plaintiffs failed to demonstrate damages beyond nominal loss from the absence of grids; nor was specific performance appropriate without showing damages were inadequate. Thus, nominal damages only were awarded for breach of the cattle grids requirement.

Court Disposition

Plaintiffs entitled to nominal damages for breach of Additional Condition 16 of contract for sale; Plaintiffs otherwise failed to establish any breach; Submissions to be made as to costs.

Orders

  • ['Nominal damages of $100 awarded to plaintiffs for breach of Additional Condition 16.' 'Judgment for the plaintiffs accordingly.' 'Directions for provision of written submissions as to costs.']