Trajkovski v R K Findlay Pty Ltd [2008] NSWSC 273

Trajkovski v R K Findlay Pty Ltd [2008] NSWSC 273

The agreement between the plaintiff and defendants was void for uncertainty, as its terms were so vague and incomplete (particularly as to scope, obligations, and subject vehicles) that it was impossible to ascertain what was required of the parties or whether any breach occurred; therefore, consideration paid by the plaintiff was recoverable as reliance damages.

Jurisdiction
Australia
Judgment Date
31 March 2008
Procedural Posture
Principal Judgment / Judgment After Final Submissions
Outcome
Defendants to pay the plaintiff $10,000 together with interest at court rates from 25 November 1994
Legal Topics
['uncertainty in Contracts' 'failure of Consideration' 'engineering Contracts' 'agreement Void for Uncertainty' 'duty of Care' 'reliance Damages']
['contract Law' 'tort Law'] ['uncertainty in Contracts' 'failure of Consideration' 'engineering Contracts' 'agreement Void for Uncertainty' 'duty of Care' 'reliance Damages']

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Procedural Posture

Principal Judgment / Judgment After Final Submissions

Legal Issues

  1. 1 ['Whether the agreement extended to a scheme to import motor vehicles in parts' 'Whether the agreement was void for uncertainty' 'Whether there was a breach of contract or duty of care' 'Whether the plaintiff is entitled to damages for failure of consideration']

Ratio Decidendi

The agreement between the plaintiff and defendants was void for uncertainty, as its terms were so vague and incomplete (particularly as to scope, obligations, and subject vehicles) that it was impossible to ascertain what was required of the parties or whether any breach occurred; therefore, consideration paid by the plaintiff was recoverable as reliance damages.

Court Disposition

Defendants to pay the plaintiff $10,000 together with interest at court rates from 25 November 1994

Orders

  • ['Defendants to pay the plaintiff $10,000 together with interest at court rates from 25 November 1994']