Coe v Roth [2011] NSWSC 1427

Coe v Roth [2011] NSWSC 1427

The plaintiff's overpayments to the builder to ensure completion of the vessel, made to mitigate loss caused by the builder's breach, constitute unliquidated damages within the meaning of the 'Guaranteed Money' provision of the contract, making the guarantor liable for payment upon demand under the guarantee.

Jurisdiction
Australia
Judgment Date
03 November 2011
Procedural Posture
Application for Default Judgment / Final Judgment
Outcome
default judgment for the plaintiff; damages assessed
Legal Topics
['default Judgment' 'guarantee' 'unliquidated Damages' 'mitigation of Loss']
['commercial Law' 'equity'] ['default Judgment' 'guarantee' 'unliquidated Damages' 'mitigation of Loss']

Case Brief

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Procedural Posture

Application for Default Judgment / Final Judgment

Legal Issues

  1. 1 ['whether overpayments by the plaintiff constitute unliquidated damages recoverable from the guarantor' 'whether the plaintiff is entitled to default judgment against the guarantor for unliquidated damages under the Construction Agreement']

Ratio Decidendi

The plaintiff's overpayments to the builder to ensure completion of the vessel, made to mitigate loss caused by the builder's breach, constitute unliquidated damages within the meaning of the 'Guaranteed Money' provision of the contract, making the guarantor liable for payment upon demand under the guarantee.

Court Disposition

default judgment for the plaintiff; damages assessed

Orders

  • ['Default judgment for the plaintiff against the defendant for damages to be assessed and for costs as agreed or assessed.' 'Damages assessed in an amount of $7,047,378.21.']