Coolabah Tree Aust-Wide Pty Ltd v Dib Group Pty Limited (No 2) [2010] FCA 810

Coolabah Tree Aust-Wide Pty Ltd v Dib Group Pty Limited (No 2) [2010] FCA 810

Damages are to be calculated by taking the total rent Dib Group lost under the sublease for the period from 1 July 2008 to 15 July 2013 and subtracting the amount Dib Group would have had to pay under the head lease during the same period, resulting in an award of $133,026.50 exclusive of GST.

Jurisdiction
Australia
Judgment Date
02 August 2010
Procedural Posture
Commercial / Civil / Post Judgment: Supplementary Reasons and Variation of Orders
Outcome
Order 3 of 30 July 2010 varied; judgment for Dib Group Pty Limited against Coolabah Tree Aust-Wide Pty Ltd in the amount of $133,026.50; no interest awarded.
Legal Topics
['repudiation of Sublease' 'assessment of Damages']
['contract Law'] ['repudiation of Sublease' 'assessment of Damages']

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Procedural Posture

Commercial / Civil / Post Judgment: Supplementary Reasons and Variation of Orders

Legal Issues

  1. 1 ['Correct calculation of damages for repudiation of sublease' 'Entitlement to interest on damages awarded']

Ratio Decidendi

Damages are to be calculated by taking the total rent Dib Group lost under the sublease for the period from 1 July 2008 to 15 July 2013 and subtracting the amount Dib Group would have had to pay under the head lease during the same period, resulting in an award of $133,026.50 exclusive of GST.

Court Disposition

Order 3 of 30 July 2010 varied; judgment for Dib Group Pty Limited against Coolabah Tree Aust-Wide Pty Ltd in the amount of $133,026.50; no interest awarded.

Orders

  • ['Order 3 made by Foster J on 30 July 2010 is varied by deleting "$370,580.35" and replacing it with "$133,026.50".' 'Judgment for Dib Group against Coolabah in the amount of $133,026.50.' 'No interest awarded on the amount in question.']