STANTON AND ORS v REIBELT AND ANOR [1998] NSWCA 214

STANTON AND ORS v REIBELT AND ANOR [1998] NSWCA 214

The trial judge's findings on breach, causation, and damages were supported by the evidence and in line with legal principle; the method of assessing damages was accepted; and indemnity costs should have been awarded after rejection of a reasonable settlement offer in view of the factual findings.

Parties
Appellant: Mr Laurence Stanton; Appellant: Mrs Sonia Stanton; Respondent: Mr and Mrs Reibelt
Jurisdiction
Australia
Judgment Date
04 September 1998
Procedural Posture
Civil Appeal / Judgment on Appeal and Cross Appeal
Outcome
Appeal dismissed; cross-appeal upheld.
Legal Topics
Non Competition Clause, Damages, Causation, Costs
Contract Law Non Competition Clause Damages Causation Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Laurence Stanton

Appellant

Mrs Sonia Stanton

Appellant

Mr and Mrs Reibelt

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether appellants breached non-competition promise
  2. 2 Whether respondents suffered damage as a result of breach
  3. 3 Whether damages were correctly assessed

Ratio Decidendi

The trial judge's findings on breach, causation, and damages were supported by the evidence and in line with legal principle; the method of assessing damages was accepted; and indemnity costs should have been awarded after rejection of a reasonable settlement offer in view of the factual findings.

Court Disposition

Appeal dismissed; cross-appeal upheld.

Orders

  • Appeal dismissed; appellants to pay respondents' costs.
  • Cross-appeal upheld: cross-respondents to pay trial costs of respondents on a party and party basis to 16 April 1996 and on an indemnity basis thereafter; cross-respondents Mr L Stanton and Mrs S Stanton to pay respondents' costs of the cross-appeal.