Siddiqui and Siddiqui v Asraf and Asraf

The plaintiffs, Siddiqui and Siddiqui, sought a declaration of the terms of a contract of sale and damages for breach of contract against the defendants, Asraf and Asraf. The dispute arose from the sale of a property, where the plaintiffs alleged that the defendants failed to make certain payments as stipulated in the contract. The case was heard in the Supreme Court of Queensland.

The primary legal issue was whether the plaintiffs were entitled to the full contract price or if they were required to mitigate their losses by attempting to re-sell the property. The court also had to determine the appropriate measure of damages if the plaintiffs were held liable for breach. The defendants argued that the plaintiffs failed to mitigate their losses by not attempting to sell the property again.

The court found that the plaintiffs were entitled to the full contract price as the defendants had clearly breached the contract by failing to make the required payments. The plaintiffs were not required to mitigate their losses as the breach of contract by the defendants had already caused the loss. The court awarded damages based on the difference between the contract price and the amount already paid, along with interest. The court also found that the plaintiffs were entitled to their costs of the proceedings, including those related to the dismissed cross-claim.

The court's final orders were that judgment be entered in favour of the plaintiffs for $343,043.82, the cross-claim be dismissed, and the defendants be required to pay the plaintiffs' costs of the proceedings, including the costs of the cross-claim.