This judgment on the quantum of damages and debt followed a judgment relating to a dispute between a dentist who sold her property under a payment plan to her receptionist, who subsequently breached the payment plan. The dentist frustrated a sale of the property by the receptionist that would have allowed the dentist to be paid out.
The court determined that the receptionist was entitled to damages for breach of the sale agreement in the amount of the sale price that should have been realised from the willing purchaser, less the amount due to the dentist under the payment plan. The amount owing under the payment plan was also reduced because the dentist had verbally agreed to forgo arrears. The receptionist was also awarded interest on the damages.
The complicating factor had been that after frustrating the sale, the dentist had transferred the property to her de facto for $1, and he had been found to have taken it without notice of the interests of the receptionist. Accordingly, he was entitled to possession.
The court allowed a fairly generous period of eight weeks for the receptionist to arrange alternative accommodation in response to the de facto’s application for leave to issue a writ of possession, balancing the fact that he also required accommodation.
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