O'Sullivan v Great Wall Resources Pty Limited [2008] NSWSC 1115

O'Sullivan v Great Wall Resources Pty Limited [2008] NSWSC 1115

The plaintiffs are entitled to damages assessed for additional legal costs, building approval expenses, increased building costs, clean up costs, and diminution in land value due to the right of way, as substantiated by their evidence and not displaced in cross-examination. Interest is to be awarded on the respective heads of damages from the appropriate accrual dates as outlined in the judgment.

Jurisdiction
Australia
Judgment Date
19 May 2008
Procedural Posture
Equity Proceedings—specific Performance and Inquiry as to Damages / Hearing and Determination of Inquiry as to Damages After Order for Specific Performance
Outcome
Damages awarded to plaintiffs with interest; costs of inquiry to be paid by defendant; stay of execution granted until 16 June 2008.
Legal Topics
['damages' 'specific Performance' 'breach of Contract' 'stay of Execution']
['equity' 'contract Law'] ['damages' 'specific Performance' 'breach of Contract' 'stay of Execution']

Case Brief

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Procedural Posture

Equity Proceedings—specific Performance and Inquiry as to Damages / Hearing and Determination of Inquiry as to Damages After Order for Specific Performance

Legal Issues

  1. 1 ["Quantum of damages to be awarded to plaintiffs for defendant's breach of contract and delay in completing the contract" 'Appropriate valuation of loss due to failure to extinguish right of way' 'Appropriate assessment of interest on damages awarded']

Ratio Decidendi

The plaintiffs are entitled to damages assessed for additional legal costs, building approval expenses, increased building costs, clean up costs, and diminution in land value due to the right of way, as substantiated by their evidence and not displaced in cross-examination. Interest is to be awarded on the respective heads of damages from the appropriate accrual dates as outlined in the judgment.

Court Disposition

Damages awarded to plaintiffs with interest; costs of inquiry to be paid by defendant; stay of execution granted until 16 June 2008.

Orders

  • ['Defendant to pay plaintiffs damages of $89,487.54, with interest on $51,757.54 from 22 December 2006 and on $37,730 from 19 January 2007.' "Defendant to pay plaintiffs' costs of the inquiry as to damages." 'Stay of execution on judgment until 16 June 2008.']