DISTRICT COURT OF QUEENSLAND
CITATION:
Laurel Star Pty Ltd v Babstock Pty Ltd [2020] QDC 305
PARTIES:
LAUREL STAR PTY LTD ACN 624 444 864 as trustee for the Alan and Dorothy Marburg Family Trust
(first plaintiff)
AND
DOROTHY ANN MARBURG
(second plaintiff)
v
BABSTOCK PTY LTD ACN 010 443 124 as trustee for The Kenman Real Estate Unit Trust ABN 60 266 220 872
(first defendant)
AND
WAG PROPERTY MANAGEMENT PTY LTD ACN 136 174 242 as trustee for The WAG Unit Trust
(second defendant)
FILE NO/S:
2326/18
DIVISION:
Civil
PROCEEDING:
Trial
DELIVERED ON:
3 December 2020
DELIVERED AT:
Brisbane
HEARING DATE:
11 to 15 May 2020
Last submissions received on 27 August 2020
JUDGE:
Barlow QC DCJ
ORDER:
1. Judgment for the first plaintiff against both defendants in the sum of $42,844.86.
2. The defendants pay, or cause to be paid, to the first plaintiff the sums of $41,500 and $250, respectively comprising the balance of the deposit under each contract.
3. Judgment for the plaintiffs on the counterclaim.
CATCHWORDS:
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH – REPUDIATION AND NON-PERFORMANCE – REPUDIATION – WHAT AMOUNTS TO REPUDIATION – contract conditional on the lessor agreeing to provide a new lease to the plaintiffs – plaintiffs contend that they validly terminated the contract, either due to not being able to secure a new lease of the premises, or because the absence of a lease was due to breach by the defendants of its obligation to secure a new lease – whether termination was valid
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH – REPUDIATION AND NON-PERFORMANCE – REPUDIATION – ANTICIPATORY BREACH – plaintiffs contend that they were entitled to terminate contract in anticipation that the defendant would be unable, at settlement, to provide the necessary documentation for each of the properties the management of which was to be transferred to the plaintiffs – whether the plaintiffs were entitled to rely on the circumstances one day prior to settlement as an anticipatory breach that entitled it to terminate the contract prior to settlement
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – one contract contained a clause which specified that it was dependent on settlement of another contract and provided rights to a non-defaulting party to terminate both contracts for default by the other party under either contract – other contract did not contain a similar clause – whether the latter contract was conditional on contemporaneous settlement of the first contract
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH – ALTERATION OF WRITTEN INSTRUMENT – defendants contend that the contracts were varied, partly in writing, partly by conduct – defendants contend that the variations discharged or altered their obligations – whether the contracts were varied
Property Occupations Act 2014, s 113, s 249
Residential Tenancies and Rooming Accommodation Act 2008, s 65
Butt v M'Donald (1896) 7 QLJ…
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- Case
- [2020] QDC 305
- Decision Date
CaseChat Overview and Summary
The court found that the contracts were conditional on the defendants providing new leases, and that the plaintiffs were entitled to terminate the contracts if this condition was not met. The court held that the plaintiffs had not repudiated the contracts, but that the defendants had breached their obligations by failing to secure the necessary leases. The court also found that the contracts had not been varied, and that the plaintiffs were entitled to rely on the circumstances one day prior to settlement as an anticipatory breach that entitled them to terminate the contracts prior to settlement.
The court held that the first plaintiff was entitled to judgment against both defendants in the sum of $42,844.86, and that the defendants were required to pay the balance of the deposit under each contract. The court also held that the plaintiffs were entitled to judgment on the counterclaim.
The court made orders for the first plaintiff to recover the sum of $42,844.86 from the defendants, and for the defendants to pay the balance of the deposit under each contract. The court also dismissed the defendants' counterclaim.
Orders
Orders of the court
1. Judgment for the first plaintiff against both defendants in the sum of $42,844.86.
2. The defendants pay, or cause to be paid, to the first plaintiff the sums of $41,500 and $250, respectively comprising the balance of the deposit under each contract.
3. Judgment for the plaintiffs on the counterclaim.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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