Profilio v Coogee Bay Village Pty Ltd (No 3) [2011] NSWADT 4

Profilio v Coogee Bay Village Pty Ltd (No 3) [2011] NSWADT 4

CBV breached the exclusivity provisions in the applicants' retail lease by authorising a competing internet cafe in the adjacent shop, which caused economic loss to the applicants. The appropriate measure of damages is the profits lost by the applicants from May 2005 to 31 October 2009, discounted by 45% to account...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 January 2011
Procedural Posture
Application for Damages (retail Lease Dispute) / Determination of Quantum of Damages Following Earlier Decision on Liability
Outcome
Damages awarded to applicants; directions given for further submissions on interest and costs.
Legal Topics
['breach of Lease' 'exclusivity Provisions' 'assessment of Economic Loss' 'damages for Loss of Profits']
['retail Leases' 'commercial Law'] ['breach of Lease' 'exclusivity Provisions' 'assessment of Economic Loss' 'damages for Loss of Profits']

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Procedural Posture

Application for Damages (retail Lease Dispute) / Determination of Quantum of Damages Following Earlier Decision on Liability

Legal Issues

  1. 1 ["Whether the respondent breached exclusivity provisions in retail lease allowing competition to the applicants' business" 'How to assess and quantify economic loss resulting from breach']

Ratio Decidendi

CBV breached the exclusivity provisions in the applicants' retail lease by authorising a competing internet cafe in the adjacent shop, which caused economic loss to the applicants. The appropriate measure of damages is the profits lost by the applicants from May 2005 to 31 October 2009, discounted by 45% to account for overestimation and market uncertainties, resulting in an award of $86,705.

Court Disposition

Damages awarded to applicants; directions given for further submissions on interest and costs.

Orders

  • ['Respondent is to pay to the applicants damages in the sum of $86,705, exclusive of interest.' 'Any application by the applicants for interest on this sum and/or costs to be paid by the respondent must be filed and served within 21 days of the date of this decision, together with supporting submissions.' 'Any...