El Wazzi Group Pty Limited v Abdou Meate trading as Mobile Repair Hub [2019] NSWDC 956

El Wazzi Group Pty Limited v Abdou Meate trading as Mobile Repair Hub [2019] NSWDC 956

Due to inadequate evidence linking loss to the defendants' breach, only nominal damages were awarded for breach of the restraint clause, and no damages or orders were made regarding monies had and received or costs.

Parties
Plaintiff: El Wazzi Group Pty Limited; First Defendant: Abdou Meate trading as Mobile Repair Hub; Second Defendant: Accessories Kingdom (Australia) Pty Limited; Third Defendant: The Fone Shop Liverpool Pty Limited; Fourth Defendant: That Fone Shop Pty Limited
Jurisdiction
Australia
Judgment Date
20 December 2019
Procedural Posture
Civil / Assessment of Damages Following Default Judgment
Outcome
Judgment for the plaintiff against the first and second defendants in the sum of $100. Proceedings otherwise dismissed. No order as to costs.
Legal Topics
Breach of Contract, Restraint of Trade, Damages, Assessment of Damages, Liquidated Damages, Monies Had and Received, Default Judgment
Contract Law Breach of Contract Restraint of Trade Damages Assessment of Damages Liquidated Damages Monies Had and Received Default Judgment

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Parties

El Wazzi Group Pty Limited

Plaintiff

Abdou Meate trading as Mobile Repair Hub

First Defendant

Accessories Kingdom (Australia) Pty Limited

Second Defendant

The Fone Shop Liverpool Pty Limited

Third Defendant

That Fone Shop Pty Limited

Fourth Defendant

Procedural Posture

Civil / Assessment of Damages Following Default Judgment

Legal Issues

  1. 1 Whether the defendants were given notice of the assessment hearing
  2. 2 To what extent the restraint clause is valid
  3. 3 Period and effect of breach of the restraint clause

Ratio Decidendi

Due to inadequate evidence linking loss to the defendants' breach, only nominal damages were awarded for breach of the restraint clause, and no damages or orders were made regarding monies had and received or costs.

Court Disposition

Judgment for the plaintiff against the first and second defendants in the sum of $100. Proceedings otherwise dismissed. No order as to costs.

Orders

  • Judgment for the plaintiff against the first and second defendants in the sum of $100.
  • Proceedings otherwise dismissed.