Nash v Tomkinson

In the Supreme Court of New South Wales, Nash commenced proceedings against Tomkinson, the second defendant, concerning a dispute over the sale of a property. The plaintiff alleged that Tomkinson had breached a contract to sell a property and sought damages for the loss suffered as a result of the breach. The case was heard by Justice Brereton.

The central issue before the court was whether Tomkinson had indeed breached the contract and, if so, the appropriate measure of damages. The plaintiff claimed that Tomkinson had failed to fulfil his contractual obligations, leading to significant financial losses. The defendant argued that the contract had been properly executed and that any losses were not directly attributable to the breach.

Justice Brereton determined that Tomkinson had indeed breached the contract by failing to complete the sale as agreed. The court found that the plaintiff's losses were directly linked to the breach and calculated the appropriate damages based on the difference between the contract price and the value of the property at the time of the breach. The court awarded the plaintiff damages in the sum of $374,631.20, representing the loss suffered due to the breach.