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

Case [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.

  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.

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Endnote

Details
AGLC
Payce Communities Pty Ltd v Canterbury-Bankstown Council (No 2) [2021] NSWSC 404
Case
[2021] NSWSC 404
Decision Date

CaseChat Overview and Summary

The case of Payce Communities Pty Ltd v Canterbury-Bankstown Council (No 2) was heard by the NSW Supreme Court. The dispute centred around damages owed by the Canterbury-Bankstown Council to Payce Communities Pty Ltd, arising from an earlier court decision. The primary issue before the court was to determine the arithmetical consequence of the previous reasons for judgment, specifically regarding the calculation of damages.

The court had to resolve whether the plaintiff was entitled to a specific amount of damages as calculated by the plaintiff, or if the Council’s alternative calculations were more accurate. This required a detailed examination of the arithmetic operations and the interpretation of the earlier judgment’s terms. The court considered whether any errors were made in the calculations and if so, which party’s calculations were more consistent with the original judgment.

The Supreme Court found that the plaintiff's calculation of damages was indeed correct, following a meticulous review of the arithmetic involved. The court held that the Council’s alternative calculations did not accurately reflect the consequences of the earlier reasons. Consequently, the court ordered that the plaintiff, Payce Communities Pty Ltd, was to be awarded the damages as per their calculations. This decision was based on a careful analysis of the numerical data and the interpretation of the legal principles outlined in the earlier judgment.

The final orders of the court mandated that the Canterbury-Bankstown Council pay the plaintiff the specified amount of damages, as calculated by Payce Communities Pty Ltd. The court’s decision brought clarity to the dispute regarding the arithmetical consequence of the previous reasons, affirming the plaintiff’s entitlement to the calculated damages.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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