Palin v Vetterli (No 2) [2013] NSWSC 1145

Palin v Vetterli (No 2) [2013] NSWSC 1145

Judgment for the defendants/cross-claimants is entered. Appropriate damages reflecting the trading losses and return of assets are calculated for the entire operational period. No indemnity costs are ordered in favour of the defendants as the settlement offer did not constitute a proper Calderbank offer. Usual costs follow the event with no departure; misconduct or exceptional justification for costs orders as sought by plaintiffs is not established.

Jurisdiction
Australia
Judgment Date
22 August 2013
Procedural Posture
Civil / Post Trial Judgment and Orders
Outcome
Judgment for the defendants/cross-claimants. Plaintiffs/cross-defendants to pay damages and costs.
Legal Topics
['calculation of Damages' 'costs Orders' 'rescission of Contract' 'misrepresentation']
['costs' 'contract'] ['calculation of Damages' 'costs Orders' 'rescission of Contract' 'misrepresentation']

Case Brief

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Procedural Posture

Civil / Post Trial Judgment and Orders

Legal Issues

  1. 1 ['calculation of damages following rescission' 'entitlement and allocation of costs' 'effect of misrepresentation on business and lease contracts' 'proper measure of damages including consideration of profits and losses' 'entitlement to indemnity costs arising from settlement offers']

Ratio Decidendi

Judgment for the defendants/cross-claimants is entered. Appropriate damages reflecting the trading losses and return of assets are calculated for the entire operational period. No indemnity costs are ordered in favour of the defendants as the settlement offer did not constitute a proper Calderbank offer. Usual costs follow the event with no departure; misconduct or exceptional justification for costs orders as sought by plaintiffs is not established.

Court Disposition

Judgment for the defendants/cross-claimants. Plaintiffs/cross-defendants to pay damages and costs.

Orders

  • ['Judgment for the defendants/cross-claimants be entered.' 'Declaration that each defendant/cross-claimant has rescinded: (a) contract for sale of business, (b) lease for premises, (c) chattel mortgage with plaintiffs/cross-defendants.' 'Plaintiffs/cross-defendants to pay damages to defendants/cross-claimants...