DGF Property Holdings Pty Limited v Di Federico (No 5) [2021] NSWSC 840

DGF Property Holdings Pty Limited v Di Federico (No 5) [2021] NSWSC 840

Judgment should be entered for the plaintiff in the sum of $53,660.86 together with prejudgment interest from 16 June 2017, as the entirety of the relevant land tax was an appropriate measure of loss caused by breach. Costs should be apportioned as follows: Di Federicos to pay DGF's costs on an ordinary basis up to 23 March 2018 in the Specific Performance Proceedings, DGF to pay Di Federicos' costs for two directions hearings, but otherwise no further order for costs, applying UCPR 42.34 due to the amount recovered. For the Rescission Proceedings, DGF to pay the Di Federicos' costs up to 24 July 2018, with costs to be set off.

Parties
Plaintiff: DGF Property Holdings Pty Limited; First Defendant (2015/105403), Sixteenth Defendant (2016/246532): Enzo Di Federico; Second Defendant (2015/105403), Seventeenth Defendant (2016/246532): Franca Di Federico
Jurisdiction
Australia
Judgment Date
14 July 2021
Procedural Posture
Equity Costs / Post Trial Judgment on Quantum of Damages and Costs
Outcome
Judgment for plaintiff for damages and specific costs orders; costs set-off; liberty to apply reserved.
Legal Topics
Costs, Damages, Breach of Contract, Jurisdiction
Equity Civil Procedure Costs Damages Breach of Contract Jurisdiction

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Parties

DGF Property Holdings Pty Limited

Plaintiff

Enzo Di Federico

First Defendant (2015/105403), Sixteenth Defendant (2016/246532)

Franca Di Federico

Second Defendant (2015/105403), Seventeenth Defendant (2016/246532)

Procedural Posture

Equity Costs / Post Trial Judgment on Quantum of Damages and Costs

Legal Issues

  1. 1 Quantum of damages for breach of contract
  2. 2 Appropriate apportionment and award of costs, including when proceedings should have been brought in inferior court
  3. 3 Whether costs orders should be on indemnity or ordinary basis and effect of concurrent proceedings

Ratio Decidendi

Judgment should be entered for the plaintiff in the sum of $53,660.86 together with prejudgment interest from 16 June 2017, as the entirety of the relevant land tax was an appropriate measure of loss caused by breach. Costs should be apportioned as follows: Di Federicos to pay DGF's costs on an ordinary basis up to 23 March 2018 in the Specific Performance Proceedings, DGF to pay Di Federicos' costs for two directions hearings, but otherwise no further order for costs, applying UCPR 42.34 due to the amount recovered. For the Rescission Proceedings, DGF to pay the Di Federicos' costs up to 24 July 2018, with costs to be set off.

Court Disposition

Judgment for plaintiff for damages and specific costs orders; costs set-off; liberty to apply reserved.

Orders

  • Judgment for the plaintiff in the sum of $53,660.86 together with prejudgment interest from 16 June 2017 (2015/105403).
  • First and second defendants to pay plaintiff's costs on the ordinary basis up until 23 March 2018 (2015/105403).