Barrington Tops Developments Pty Ltd v Low [2008] NSWSC 832

Barrington Tops Developments Pty Ltd v Low [2008] NSWSC 832

The contract imposed an absolute, unconditional obligation on the plaintiff to have the subdivision approved and registered, to sell the three most easterly lots, and to pay the defendant any excess over $460,000 received on their sale within two years of completion. The plaintiff breached this obligation and is liable for damages equivalent to what the defendant would have received if the contract had been performed.

Jurisdiction
Australia
Judgment Date
14 August 2008
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for the defendant (on cross-claim for breach of contract); damages awarded for breach of contract.
Legal Topics
['breach of Contract' 'construction and Interpretation of Contracts' 'implied Terms' 'damages Assessment']
['contract Law' 'equity'] ['breach of Contract' 'construction and Interpretation of Contracts' 'implied Terms' 'damages Assessment']

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Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ['Whether the contract imposed an absolute obligation to carry out and register a subdivision and sell certain lots within two years of completion or only required reasonable endeavours.' 'Whether the plaintiff breached the obligation under the contract by failing to complete the subdivision and sale of lots.' 'Assessment of damages for breach.']

Ratio Decidendi

The contract imposed an absolute, unconditional obligation on the plaintiff to have the subdivision approved and registered, to sell the three most easterly lots, and to pay the defendant any excess over $460,000 received on their sale within two years of completion. The plaintiff breached this obligation and is liable for damages equivalent to what the defendant would have received if the contract had been performed.

Court Disposition

Judgment for the defendant (on cross-claim for breach of contract); damages awarded for breach of contract.

Orders

  • ['Plaintiff found to have committed a breach of contract.' 'Damages assessed at $230,000 (plus interest to be agreed).' 'Short minutes to be brought to the Court to give effect to the reasons, including agreed interest.']