Ryding v Miles & Ors [2012] NSWSC 153

Ryding v Miles & Ors [2012] NSWSC 153

The lease did not include the implied term contended for by Mr Ryding, as such a term failed BP Refinery requirements and contradicted express terms. No breach of contract by the Defendants was established. Losses claimed by Mr Ryding were not causally linked to any breach, were speculative, and no quantifiable loss was proven. Proceedings must therefore be dismissed.

Jurisdiction
Australia
Judgment Date
01 March 2012
Procedural Posture
Principal Judgment / Final Judgment
Outcome
Proceedings dismissed.
Legal Topics
['implied Terms' 'breach of Contract' 'remoteness of Damages' 'mitigation of Loss' 'contract Construction']
['contracts' 'equity'] ['implied Terms' 'breach of Contract' 'remoteness of Damages' 'mitigation of Loss' 'contract Construction']

Case Brief

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Procedural Posture

Principal Judgment / Final Judgment

Legal Issues

  1. 1 ["Whether the lease contained an implied term extending owner's consent to development application to performance of work the subject of development application" 'Whether breaches of contract were established' 'Whether damages claimed are too remote' 'Failure to mitigate loss']

Ratio Decidendi

The lease did not include the implied term contended for by Mr Ryding, as such a term failed BP Refinery requirements and contradicted express terms. No breach of contract by the Defendants was established. Losses claimed by Mr Ryding were not causally linked to any breach, were speculative, and no quantifiable loss was proven. Proceedings must therefore be dismissed.

Court Disposition

Proceedings dismissed.

Orders

  • ['Proceedings dismissed.' 'Court will hear parties as to costs.']