Paillas v Loans Plus Pty Ltd [2008] NSWSC 849

Paillas v Loans Plus Pty Ltd [2008] NSWSC 849

The plaintiffs are entitled to damages for breach of contract limited to those losses directly caused by the defendants' failure to provide the loan as agreed, specifically: the loss of deposit, valuation costs, establishment fees, and interest on stamp duty, but not to remote losses or damages under statutory provisions that were not pleaded.

Jurisdiction
Australia
Judgment Date
19 August 2008
Procedural Posture
Civil / Assessment of Damages Following Default Judgment
Outcome
Damages awarded to plaintiffs against first defendant (Loans Plus Pty Ltd), with costs.
Legal Topics
['breach of Contract' 'assessment of Damages']
['contract Law'] ['breach of Contract' 'assessment of Damages']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Assessment of Damages Following Default Judgment

Legal Issues

  1. 1 ['Are the plaintiffs entitled to recover damages for breach of contract against the defendants?' 'Are any damages recoverable under the Trade Practices Act or Fair Trading Act when not pleaded?' 'What heads of damage are recoverable for breach of contract in these circumstances?']

Ratio Decidendi

The plaintiffs are entitled to damages for breach of contract limited to those losses directly caused by the defendants' failure to provide the loan as agreed, specifically: the loss of deposit, valuation costs, establishment fees, and interest on stamp duty, but not to remote losses or damages under statutory provisions that were not pleaded.

Court Disposition

Damages awarded to plaintiffs against first defendant (Loans Plus Pty Ltd), with costs.

Orders

  • ['First defendant to pay damages in the amounts of: (a) $195,000 plus interest to the date of judgment; (b) $3,300 plus interest to the date of judgment; (c) $79,766.63 plus interest to the date of judgment; (d) $6,991.16.' 'Plaintiffs to have liberty to apply on 3 days notice for orders as to the interest component...