Arambasic v Veza (No 5) [2014] NSWSC 1399

Arambasic v Veza (No 5) [2014] NSWSC 1399

Ms Veza was entitled to damages for breach of contract by Dr White, calculated as the net sale price less the principal sum and arrears due under the credit contract, plus interest from the breach date. Mr Arambasic was entitled to mesne profits as reasonable compensation for wrongful retention of possession, based on the weekly rental value. Orders for possession and costs were based on the ultimate success and parties' relative success on primary claims and cross-claims.

Jurisdiction
Australia
Judgment Date
15 October 2014
Procedural Posture
Consequential Judgment / Post Trial Consequential Orders
Outcome
Judgment for Ms Veza against Dr White for $85,600. Judgment for Mr Arambasic against first and second defendants for $9,200. Leave granted for Mr Arambasic to issue writ for possession not before 10 December 2014. Costs awarded as specified.
Legal Topics
['judgment and Orders' 'calculation of Damages' 'award of Costs' 'orders for Possession']
['practice and Procedure' 'contract Law' 'property Law'] ['judgment and Orders' 'calculation of Damages' 'award of Costs' 'orders for Possession']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Consequential Judgment / Post Trial Consequential Orders

Legal Issues

  1. 1 ['Calculation of damages including interest for breach of contract' 'Award of mesne profits to registered proprietor' 'Timing of leave to issue writ of possession' 'Entitlement to and quantification of costs']

Ratio Decidendi

Ms Veza was entitled to damages for breach of contract by Dr White, calculated as the net sale price less the principal sum and arrears due under the credit contract, plus interest from the breach date. Mr Arambasic was entitled to mesne profits as reasonable compensation for wrongful retention of possession, based on the weekly rental value. Orders for possession and costs were based on the ultimate success and parties' relative success on primary claims and cross-claims.

Court Disposition

Judgment for Ms Veza against Dr White for $85,600. Judgment for Mr Arambasic against first and second defendants for $9,200. Leave granted for Mr Arambasic to issue writ for possession not before 10 December 2014. Costs awarded as specified.

Orders

  • ['Judgment for Ms Veza against Dr White in the sum of $85,600.' 'Judgment for Mr Arambasic against the first and second defendants in the sum of $9,200.' 'Grant leave to Mr Arambasic for the issue of a writ for possession of the land at 10 Potch Street, Lightning Ridge NSW, not before 10 December 2014.' 'Dr White to...