Comino v Manettas, Cooney v Manettas

The New South Wales Court of Appeal heard appeals in *Comino v Manettas* and *Cooney v Manettas*, which concerned disputes arising from a joint venture agreement for the development of land. The appellants, Comino and Cooney, sought to recover damages for alleged breaches of this agreement by the respondent, Manettas.

The central legal issues before the Court of Appeal were whether Manettas had breached the joint venture agreement by failing to proceed with the development in accordance with its terms, and if so, whether Comino and Cooney were entitled to damages for that breach. The Court also considered the proper assessment of any damages awarded.

The Court of Appeal found that Manettas had indeed breached the joint venture agreement by failing to take steps to progress the development. The Court reasoned that the agreement imposed an obligation on Manettas to actively pursue the development, and his inaction constituted a breach. In assessing damages, the Court applied principles relating to the recovery of loss of profit, considering what the innocent parties would have received had the contract been performed. The Court determined that the damages should reflect the loss of the opportunity to participate in the profits of the development.