O'Neill v Brown

[2011] QDC 221

[2011] QDC 221

DISTRICT COURT

CIVIL JURISDICTION

JUDGE SAMIOS

No 107 of 2010

AI O'NEILL AND KRIS O'NEILL	Plaintiffs
and
GARRY PHILLIP BROWN AND KAREN THERESE BROWN	Defendants

SOUTHPORT

DATE 22/08/2011

ORDER

HIS HONOUR:  This is an application for summary judgment.  The application has been served on the solicitors for the defendants.  The defendants have not appeared today and have not filed any material in opposition to the affidavits in support of the plaintiff's claim for summary judgment against the defendants.

The plaintiffs purchased, from the defendants, a house property at Ormeau for a price of $360,000.  The settlement date was agreed to be delayed, from time to time.  The defendants has allowed the plaintiffs into possession of the property on certain conditions.  They are of no consequence of this application.

What the plaintiffs swear to is that the defendant's mortgagee obtained possession of the property and that the defendants did not settle the contract with the plaintiffs.  The plaintiffs were therefore without a property and had to search for another one.

Clearly I am satisfied that there was a breach of contract by the defendants and this has caused loss and damage to the plaintiffs.  The plaintiffs have sworn to this loss and damage and I am satisfied it is genuine and reasonable in the circumstances.  In particular I am satisfied that the plaintiffs had to find another property of like-quality and the best they could do was for a further $65,000 over and about the original purchase price agreed to with the defendants.  I am satisfied that this is the loss that flows from the breach of the contract by the defendants. 

I am satisfied that, in this case, the defendants have no real prospects of successfully defending the plaintiff's claim and there is no need for a trial of claim and that I may therefore give judgment for the plaintiffs against the defendants for the claim and other losses including costs.

There will therefore be an order as per the draft, initialled by me and left with the papers.

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