Capitalink Pty Ltd v Withnall [2024] NSWCA 172

Capitalink Pty Ltd v Withnall [2024] NSWCA 172

Appellant was entitled to damages for future costs to complete the works as this represents loss suffered due to breach of contract, following standard contractual damages principles; Appellant also entitled to damages to the extent of payments made from Ray White Trust Account as these were out of its own funds. However, Appellant failed to prove it was legally obliged to reimburse family companies for other past costs paid on its behalf, and thus cannot recover those amounts.

Jurisdiction
Australia
Judgment Date
19 July 2024
Procedural Posture
Appeal / Court of Appeal, Judgment
Outcome
Appeal allowed in part
Legal Topics
['guarantee' 'damages for Breach of Contract' 'implied Promise to Repay' 'third Party Payments' 'proof of Loss' 'implied Contract' 'family Group Companies and Corporate Separateness']
['contract Law' 'restitution' 'evidence'] ['guarantee' 'damages for Breach of Contract' 'implied Promise to Repay' 'third Party Payments' 'proof of Loss' 'implied Contract' 'family Group Companies and Corporate Separateness']

Case Brief

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Procedural Posture

Appeal / Court of Appeal, Judgment

Legal Issues

  1. 1 ['Whether argument on restitution and implied reimbursement could be raised on appeal.' 'Whether Appellant proved it was legally obliged to reimburse third parties and had therefore suffered loss for past costs.' 'Whether future costs of completing works could be claimed as damages by Appellant.' 'Whether payments from the Ray White Trust Account are loss borne by the Appellant.']

Ratio Decidendi

Appellant was entitled to damages for future costs to complete the works as this represents loss suffered due to breach of contract, following standard contractual damages principles; Appellant also entitled to damages to the extent of payments made from Ray White Trust Account as these were out of its own funds. However, Appellant failed to prove it was legally obliged to reimburse family companies for other past costs paid on its behalf, and thus cannot recover those amounts.

Court Disposition

Appeal allowed in part

Orders

  • ['Appeal allowed on grounds 2 and 7, dismissed on grounds 5 and 6' 'Set aside orders of Abadee DCJ made on 7 December 2023' 'In lieu, judgment for Capitalink Pty Ltd in the sum of $133,160.51, plus interest' "Respondent to pay Appellant's costs of the appeal and costs at first instance"]