Chidiac v Bhatt, Vaidya and Rosybarb Pty Ltd [2015] NSWSC 1279

Chidiac v Bhatt, Vaidya and Rosybarb Pty Ltd [2015] NSWSC 1279

Damages awarded based on industry average profits for wheelchair-accessible taxis (CIE report), discounted for loss of opportunity (15%). Tax gross-up denied due to lack of expert evidence and uncertainty. Costs awarded proportionally based on success and hearing days.

Parties
Plaintiff: Joseph Chidiac; First Defendant: Prashant Bhatt; Second Defendant: Gayatri Vaidya; Third Defendant: Rosybarb Pty Ltd
Jurisdiction
Australia
Judgment Date
03 September 2015
Procedural Posture
Equity Corporations List / Post Quantification of Damages; Consequential Orders
Outcome
Judgment for the plaintiff; partial costs awarded; interest ordered; tax gross-up denied.
Legal Topics
Breach of Contract, Measure of Damages, Remoteness of Damages, Taxation and Damages, Costs Orders
Equity Corporations Damages Breach of Contract Measure of Damages Remoteness of Damages Taxation and Damages Costs Orders

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Parties

Joseph Chidiac

Plaintiff

Prashant Bhatt

First Defendant

Gayatri Vaidya

Second Defendant

Rosybarb Pty Ltd

Third Defendant

Procedural Posture

Equity Corporations List / Post Quantification of Damages; Consequential Orders

Legal Issues

  1. 1 Quantification of damages for breach of contract
  2. 2 Whether damages should be grossed-up for taxation impact
  3. 3 Assessment of costs

Ratio Decidendi

Damages awarded based on industry average profits for wheelchair-accessible taxis (CIE report), discounted for loss of opportunity (15%). Tax gross-up denied due to lack of expert evidence and uncertainty. Costs awarded proportionally based on success and hearing days.

Court Disposition

Judgment for the plaintiff; partial costs awarded; interest ordered; tax gross-up denied.

Orders

  • Judgment in favour of Mr Chidiac against Mr Bhatt in the amount of $29,219 and interest under s 100 of the Civil Procedure Act 2005 (NSW).
  • Prashant Bhatt to pay half of Mr Chidiac's costs of and incidental to the hearings on 1–3 and 24–25 July 2014 referable to liability.