Dubois v. Down

The case of Dubois v. Down before McMurdo J in the Supreme Court of Queensland involves an assessment of damages following a judgment in favour of the plaintiff, Philip James Dubois, against the defendant, Roger Hugh Landon Down. The plaintiff, a landlord, had granted a lease of premises which was guaranteed by the defendant. The dispute concerns the calculation of damages due to the defendant's alleged repudiation of the lease agreement. The defendant, who was without legal representation and did not appear at the hearing, had previously been served with notice of the hearing date, as required by the rules of court.

The court was required to determine the amount of damages owed by the defendant to the plaintiff based on the terms of the guarantee and the lease. This involved assessing the rent that would have been payable over the remaining term of the lease, the outgoings contribution, and other costs related to the premises, less any sums received by the plaintiff from alternative tenants or other sources. The court also needed to address the issue of interest on the assessed damages and the costs associated with the proceedings.

McMurdo J found that the plaintiff had provided evidence substantiating the amounts claimed for lost rent and outgoings, and allowed these claims in full. The court also allowed a claim for costs of reinstating the premises. After deducting sums received by the plaintiff from a new tenant and other payments made by the defendant, the court determined that the total damages owed by the defendant amounted to $368,858.72. The court further awarded interest on this amount, totaling $92,770.49. The plaintiff's request for indemnity costs was accepted from a specific date onwards, with standard costs assessed for the period prior to that date.

The court ordered that the defendant pay the plaintiff a total of $461,629.21, which includes the damages, interest, and costs. The order specified that the defendant would be liable for standard costs until 11 May 2007 and indemnity costs thereafter.