Peter Tao Zhu v Sydney Organising Committee for the Olympic Games & Ors [2001] NSWSC 989

Peter Tao Zhu v Sydney Organising Committee for the Olympic Games & Ors [2001] NSWSC 989

SOCOG procured TOC to wrongfully repudiate the Agency Agreement with the plaintiff and unlawfully interfered with the plaintiff's contractual rights; none of the plaintiff's conduct, individually or cumulatively, justified summary dismissal or termination; the plaintiff is entitled to damages for loss of opportunity, aggravated, and exemplary damages.

Jurisdiction
Australia
Judgment Date
06 November 2001
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Judgment for the plaintiff
Legal Topics
['termination of Agency' 'interference With Contractual Relations' 'loss of Opportunity' 'repudiation' 'justification for Termination' 'aggravated Damages' 'exemplary Damages']
['contract' 'tort' 'damages'] ['termination of Agency' 'interference With Contractual Relations' 'loss of Opportunity' 'repudiation' 'justification for Termination' 'aggravated Damages' 'exemplary Damages']

Case Brief

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Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 ['Whether TOC wrongfully repudiated the Agency Agreement with Peter Tao Zhu and whether SOCOG procured that repudiation' "Whether SOCOG intentionally interfered with the plaintiff's contractual relationship with TOC" 'Whether justification existed for the termination of the Agency Agreement' 'Whether the plaintiff committed repudiatory or summary dismissible breaches of the Agency Agreement' 'Whether the plaintiff is entitled to damages for loss of opportunity, aggravated, and exemplary damages']

Ratio Decidendi

SOCOG procured TOC to wrongfully repudiate the Agency Agreement with the plaintiff and unlawfully interfered with the plaintiff's contractual rights; none of the plaintiff's conduct, individually or cumulatively, justified summary dismissal or termination; the plaintiff is entitled to damages for loss of opportunity, aggravated, and exemplary damages.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Damages awarded to the plaintiff: $260,006 plus interest, $3 million for loss of opportunity, $95,000 aggravated damages, $200,000 exemplary damages, with parties to bring in Short Minutes of Order and further argument on interest and costs.']