Town & Country Property Management Systems Pty Ltd & Anor v Elie Kaltoum & Ors [2003] NSWSC 813

Town & Country Property Management Systems Pty Ltd & Anor v Elie Kaltoum & Ors [2003] NSWSC 813

Re-opening is refused because even if illegality arguments were permitted, T&CPMS has an arguable claim to damages based on loss of capital value, so the proposed basis for changing the result (that damages must be nil or nominal) is not made out.

Jurisdiction
Australia
Judgment Date
17 September 2003
Procedural Posture
Civil / Post Judgment; Application to Re Open
Outcome
Application to re-open dismissed
Legal Topics
['re Opening of Decision' 'restrictive Covenants' 'damages' 'illegality in Contract Performance' 'breach of Contract']
['equity' 'contract Law'] ['re Opening of Decision' 'restrictive Covenants' 'damages' 'illegality in Contract Performance' 'breach of Contract']

Case Brief

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Procedural Posture

Civil / Post Judgment; Application to Re Open

Legal Issues

  1. 1 ['Whether the decision should be re-opened based on alleged illegality affecting recoverability of damages' 'Whether damages for breach of contract are recoverable when performance was allegedly illegal' "Whether T&CPMS may recover damages on a 'lost capital value' basis despite alleged illegality"]

Ratio Decidendi

Re-opening is refused because even if illegality arguments were permitted, T&CPMS has an arguable claim to damages based on loss of capital value, so the proposed basis for changing the result (that damages must be nil or nominal) is not made out.

Court Disposition

Application to re-open dismissed

Orders

  • ['Notice of Motion of First Defendant filed 4 July 2002 dismissed.' 'First Defendant to pay costs of Plaintiff of that Notice of Motion.' 'Direct the Plaintiffs and First and Second Defendant to bring in Short Minutes of Order, within 28 days, to give effect to judgment of 26 March 2002, as far as orders made on 11...