Jericho Developments Pty Ltd v Garden Tower (NSW) Pty Ltd [2006] NSWSC 595

Jericho Developments Pty Ltd v Garden Tower (NSW) Pty Ltd [2006] NSWSC 595

Jericho proved that the enclosures to its letter of 27 March 2003 were sent and that, together with concession and other evidence, they provided sufficient evidence of strata levy payments for the purposes of cl 7(a)(i) of the deed of release. Jericho also established an outstanding land tax contribution under cl 7(a)(ii), but failed to prove damages for the aborted sale costs. The deed's trust-account provision justified directing Garden Tower to instruct its solicitors to pay the judgment sum from retained trust money, and no reason was shown to depart from the ordinary costs order.

Jurisdiction
Australia
Judgment Date
21 June 2006
Procedural Posture
Contract Claim Under Deed of Release by Amended Summons in Equity Division Proceedings / Judgment After Hearing
Outcome
Judgment for Jericho Developments Pty Ltd against Garden Tower (NSW) Pty Ltd in the sum of $35,810.14.
Legal Topics
['construction and Interpretation of Deed of Release' 'evidence of Payment Under Contractual Contribution Clause' 'amendment to Add Cause of Action Arising After Commencement' "payment From Solicitors' Trust Account" 'costs Follow the Event']
['contract Law' 'civil Procedure' 'costs'] ['construction and Interpretation of Deed of Release' 'evidence of Payment Under Contractual Contribution Clause' 'amendment to Add Cause of Action Arising After Commencement' "payment From Solicitors' Trust Account" 'costs Follow the Event']

Case Brief

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Procedural Posture

Contract Claim Under Deed of Release by Amended Summons in Equity Division Proceedings / Judgment After Hearing

Legal Issues

  1. 1 ['Whether Jericho was entitled to contribution for strata levies under cl 7(a)(i) of the deed of release.' 'Whether the letter of 27 March 2003 and its enclosures constituted evidence of payment by Jericho.' 'Whether the amended summons was invalid because no cause of action existed when the amendment was made or because it related back to the original summons.' 'Whether Jericho was entitled to contribution for land tax under cl 7(a)(ii) of the deed of release.' 'Whether Jericho established entitlement to damages for costs incurred in relation to a sale that did not settle because of the caveat.' 'Whether Garden Tower should be ordered to direct its solicitors to pay Jericho from money held in trust under cl 14.3(b) of the deed of release.']

Ratio Decidendi

Jericho proved that the enclosures to its letter of 27 March 2003 were sent and that, together with concession and other evidence, they provided sufficient evidence of strata levy payments for the purposes of cl 7(a)(i) of the deed of release. Jericho also established an outstanding land tax contribution under cl 7(a)(ii), but failed to prove damages for the aborted sale costs. The deed's trust-account provision justified directing Garden Tower to instruct its solicitors to pay the judgment sum from retained trust money, and no reason was shown to depart from the ordinary costs order.

Court Disposition

Judgment for Jericho Developments Pty Ltd against Garden Tower (NSW) Pty Ltd in the sum of $35,810.14.

Orders

  • ['Garden Tower (NSW) Pty Ltd is to pay Jericho Developments Pty Ltd the sum of $35,810.14 pursuant to cl 7 of the deed of release.' 'Garden Tower (NSW) Pty Ltd is to direct its solicitors to pay to Jericho Developments Pty Ltd from the $62,500.00 referred to in cl 14.3(b) of the deed of release the sum of...