Payce Communities Pty Ltd v Canterbury-Bankstown Council (No 2)

[2021] NSWSC 404

Supreme Court

New South Wales

Medium Neutral Citation:	Payce Communities Pty Ltd v Canterbury-Bankstown Council (No 2) [2021] NSWSC 404
Hearing dates:	On the papers
Decision date:	20 April 2021
Jurisdiction:	Equity - Technology and Construction List
Before:	Stevenson J
Decision:	Amount of damages to be calculated in accordance with decisions in attached Scott Schedule
Catchwords:	JUDGMENTS AND ORDERS – plaintiff to be awarded damages – disagreement as to the arithmetical consequence of earlier reasons
Cases Cited:	Payce Communities Pty Ltd v Canterbury-Bankstown Council [2021] NSWSC 331
Category:	Consequential orders
Parties:	Payce Communities Pty Ltd (Plaintiff) Canterbury-Bankstown Council (Defendant)
Representation:	Counsel: Mr D T Miller SC with Mr M Sheldon (Plaintiff) Mr B De Buse with Mr J E F Brown (Defendant) Solicitors: Vincent Young Lawyers (Plaintiff) Marsdens Law Group (Defendant)
File Number(s):	2019/133490

Judgment

1. I gave judgment in this matter on 6 April 2021. [1] At [355], I invited the parties to confer and agree on the quantum of damages to which Payce is entitled.

   1. Payce Communities Pty Ltd v Canterbury-Bankstown Council [2021] NSWSC 331.

2. There has been a large measure of agreement about those matters.

3. The parties recorded their remaining disagreements in a further Scott Schedule.

4. I have recorded my conclusions in relation to those matters under the heading “Decision” in that Scott Schedule, a copy of which is attached to these reasons.  Scott Schedule Annexure (186787, pdf)

5. The parties should now confer and agree on the orders necessary to finalise these proceedings.

**********

Endnote

Decision last updated: 20 April 2021