GEFTAKIS v MARITIME SERVICES BOARD [1988] NSWCA 48

GEFTAKIS v MARITIME SERVICES BOARD [1988] NSWCA 48

The appeal was upheld as the court concluded that there was a binding contract including the compensation term pressed by the appellants. The specific terms were sufficiently clear for specific performance, and issues of compensation and damages were to be assessed by a Master.

Parties
Appellant: GEFTAKIS; Respondent: Maritime Services Board
Jurisdiction
Australia
Judgment Date
24 May 1988
Procedural Posture
Appeal / On Appeal Orders Following Reasons
Outcome
appeal upheld; judgment below set aside; specific performance ordered; referral of compensation and damages to Master; costs awarded to appellants
Legal Topics
Specific Performance, Damages for Breach of Contract, Compensation for Loss of Business
Contract Law Specific Performance Damages for Breach of Contract Compensation for Loss of Business

Case Brief

Summary, issues, holding and outcome

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Parties

GEFTAKIS

Appellant

Maritime Services Board

Respondent

Procedural Posture

Appeal / On Appeal Orders Following Reasons

Legal Issues

  1. 1 Whether the contract between the appellants and the respondent included a term for compensation for loss of business between 17 March and 31 July 1986.
  2. 2 Whether the relocation date of September 1986 was a definite term of the contract.
  3. 3 Whether the contract should be specifically performed and damages for breach assessed.

Ratio Decidendi

The appeal was upheld as the court concluded that there was a binding contract including the compensation term pressed by the appellants. The specific terms were sufficiently clear for specific performance, and issues of compensation and damages were to be assessed by a Master.

Court Disposition

appeal upheld; judgment below set aside; specific performance ordered; referral of compensation and damages to Master; costs awarded to appellants

Orders

  • Appeal upheld. Judgment below set aside.
  • Declaration that the contract of 13 February 1986 included terms for relocation, compensation, rent, and a new lease.