Kang v Goldsmith (No.3) and Kang v Goldsmith (No.3)

In the proceedings of *Kang v Goldsmith (No.3)*, the parties involved were the plaintiff, Kang, and the defendant, Goldsmith. The dispute concerned the plaintiff's claim for damages arising from alleged breaches of contract and negligence. The matter was heard before Judge Street in the District Court of New South Wales.

The central legal issues before the court were whether the defendant had breached the terms of the contract with the plaintiff and whether the defendant had acted negligently in their dealings, thereby causing loss to the plaintiff. The court was required to assess the evidence presented by both parties to determine liability for the alleged breaches and the extent of any damages suffered.

Judge Street's reasoning focused on the interpretation of the contractual agreement between the parties and the standard of care expected of the defendant in their professional capacity. The court applied principles of contract law to ascertain whether the defendant's actions constituted a breach of the agreed terms. Furthermore, the court considered the tort of negligence, evaluating whether the defendant owed a duty of care to the plaintiff, whether that duty was breached, and whether such breach caused foreseeable damage. The court found that the defendant had breached the contract and was negligent, leading to the plaintiff's loss.

Consequently, Judge Street ordered that the defendant pay damages to the plaintiff in the amount of $15,000, plus costs.