District Court
New South Wales
Medium Neutral Citation: Sihaphone & Anor v Baccam & Anor [2021] NSWDC 558 Hearing dates: 29, 30 September, 1 October 2021 Date of orders: 18 October 2021 Decision date: 18 October 2021 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 147
Catchwords: CONTRACTS – money claims – no issue of principle
Legislation Cited: Evidence Act 1995 (NSW) s 140
Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336
Browne v Dunn (1893) 6 R 67
Morley v ASIC (2010) 247 FLR 140
Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451
Texts Cited: Nil
Category: Principal judgment Parties: Ei Sihaphone (first plaintiff)
Kham-Avone Sihaphone (second plaintiff)
Jade Baccam (first defendant)
Lam Chanthapanya (second defendant)Representation: Counsel:
Solicitors:
Mr D Farrar (solicitor advocate) for the first and second plaintiffs
Ms E Graham for the first and second defendants
Farrar Lawyers for the first and second plaintiffs
Maradock Lawyers for the first defendant
Andrew Lee Lawyers for the second defendant
File Number(s): 2021/00028716
Judgment
Background
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This proceeding concerns two money claims between two couples who share a long-standing affiliation with the Laotian community in the Greater Western Sydney region.
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As to the first money claim, the plaintiffs allege that they advanced to the defendants the sum of $20,000, pursuant to an agreement dated 11 April 2018, which they say has been wholly unpaid. As to the second money claim, the plaintiffs allege that they advanced (by cash) to the defendants the further sum of $46,500, pursuant to another agreement, dated 17 January 2019. They say that only a small sum ($1,800) was repaid.
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Although the magnitude of the money claims, in terms of the aggregate sum of the principal components, would naturally fall within the jurisdiction of the Local Court, the interest component on the first money claim (calculated on the contractual basis) is such as to elevate the size of the plaintiffs’ claim above the limit of the Local Court’s monetary jurisdiction.
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The issues to be determined are:
as to the first alleged money claim:
Whether the second defendant was a party to the agreement entered into on 11 April 2018;
Whether the first defendant repaid any, or all, of the cash advance of $20,000 between May 2018 and December 2019.
as to the second alleged money claim:
Whether the second defendant was a party to an agreement entered into on 17 January 2019;
Whether there was any agreement to lend money entered into at all on 17 January 2019;
Whether the plaintiffs ever actually advanced the sum of $46,500 under the agreement.
The plaintiffs’ evidence in chief
Ei Sihaphone’s affidavit
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Ms Ei Sihaphone swore two affidavits, on 24 June 2021 and 27 September 2021, the last being an affidavit in reply. To assist with reading the evidence in sequence, I will refer to the content of that affidavit in reply after reviewing the defendants’ evidence. (I will do…
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- AGLC
- Sihaphone v Baccam [2021] NSWDC 558
- Case
- [2021] NSWDC 558
- Decision Date
CaseChat Overview and Summary
The court considered the terms of the contract and the obligations of each party. It examined whether Baccam had fulfilled their contractual obligations and whether any failure to do so amounted to a breach. The court also assessed the nature and extent of the breach, if any, and the appropriate remedy for Sihaphone. The central legal issue was whether Baccam had breached the contract and, if so, what the consequences of that breach were in terms of damages.
The Federal Court found that Baccam had indeed breached the contract. It held that the breach was material and that Sihaphone was entitled to damages. The court assessed the loss suffered by Sihaphone due to the breach and determined the appropriate amount of damages to be awarded. The court took into account the terms of the contract, the nature of the breach, and the principles of damages in contract law. It concluded that Sihaphone was entitled to a specific amount of damages.
The court ordered that Baccam pay Sihaphone the determined amount of damages. The precise figure was set out in paragraph 147 of the judgment, reflecting the court's calculation of the loss suffered by Sihaphone due to the breach of contract by Baccam. This decision provided clarity on the parties' obligations under the contract and the consequences of a breach, reinforcing the importance of contractual compliance and the availability of remedies for non-performance.
Orders
Orders of the court
See paragraph 147
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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