Jianjun International Pty Ltd v Steven Arthur Black Pty Ltd & Ors [2018] NSWDC 117

Jianjun International Pty Ltd v Steven Arthur Black Pty Ltd & Ors [2018] NSWDC 117

The plaintiff is entitled to damages against the second and third defendants for admitted breach of contract and Deed of Restraint, with the evidence sufficient to support an award of $15,000 for loss of benefit of goodwill, despite difficulties in precise quantification and lack of expert evidence on goodwill value.

Jurisdiction
Australia
Judgment Date
04 May 2018
Procedural Posture
Contract – Assessment of Damages / Principal Judgment, Post Hearing
Outcome
Judgment for the plaintiff against the second and third defendants in the sum of $15,000.
Legal Topics
['damages for Breach of Contract' 'non Compete Clause' 'goodwill Assessment']
['contract Law' 'business Law'] ['damages for Breach of Contract' 'non Compete Clause' 'goodwill Assessment']

Case Brief

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Procedural Posture

Contract – Assessment of Damages / Principal Judgment, Post Hearing

Legal Issues

  1. 1 ['Whether the plaintiff discharged its onus of proof for damages for loss of profits and loss of goodwill following breach of contract and Deed of Restraint' 'Quantification of damages for breach']

Ratio Decidendi

The plaintiff is entitled to damages against the second and third defendants for admitted breach of contract and Deed of Restraint, with the evidence sufficient to support an award of $15,000 for loss of benefit of goodwill, despite difficulties in precise quantification and lack of expert evidence on goodwill value.

Court Disposition

Judgment for the plaintiff against the second and third defendants in the sum of $15,000.

Orders

  • ['Verdict and judgment for the plaintiff against the second and third defendants in the sum of $15,000.' 'The Court will hear the parties on costs if they cannot agree.' 'The exhibits may be returned.' "Liberty to apply on 7 days' notice if further or other orders are required."]