Hartley v McCarrey [2019] NSWDC 647

Hartley v McCarrey [2019] NSWDC 647

The defendant breached the contract by failing to deliver the agreed number and quality of breeding dogs; some were too old, not breeding, or not properly registered, and certain records were not delivered. The ordinary meaning of 'breeding dogs' applies and does not include retired dogs or non-breeding animals. Plaintiffs are entitled to damages calculated on the lost value and costs incurred.

Parties
Plaintiff: Samuel Hartley; Plaintiff: Gemma Hartley; Defendant: Kim McCarrey
Jurisdiction
Australia
Judgment Date
24 June 2019
Procedural Posture
Civil / Verdict and Judgment
Outcome
Judgment for the plaintiffs
Legal Topics
Contract for Sale of a Rural Property and Business, Damages for Breach of Contract, Meaning of 'breeding Dogs', Alleged Concurrent Tortfeasor
Contract Contract for Sale of a Rural Property and Business Damages for Breach of Contract Meaning of 'breeding Dogs' Alleged Concurrent Tortfeasor

Case Brief

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Parties

Samuel Hartley

Plaintiff

Gemma Hartley

Plaintiff

Kim McCarrey

Defendant

Procedural Posture

Civil / Verdict and Judgment

Legal Issues

  1. 1 Whether the defendant breached the contract by failing to deliver the assets and goodwill of the dog breeding business as agreed, particularly in relation to 'breeding dogs'
  2. 2 Whether the defendant was required to keep and deliver certain records
  3. 3 Whether the solicitor was a concurrent tortfeasor

Ratio Decidendi

The defendant breached the contract by failing to deliver the agreed number and quality of breeding dogs; some were too old, not breeding, or not properly registered, and certain records were not delivered. The ordinary meaning of 'breeding dogs' applies and does not include retired dogs or non-breeding animals. Plaintiffs are entitled to damages calculated on the lost value and costs incurred.

Court Disposition

Judgment for the plaintiffs

Orders

  • Plaintiffs awarded $90,935 against the defendant.