Payce Communities Pty Ltd v Canterbury-Bankstown Council (No 2) [2021] NSWSC 404 (20 April 2021)

Last Updated: 20 April 2021

Supreme Court New South Wales

Case Name:	Payce Communities Pty Ltd v Canterbury-Bankstown Council (No 2)
Medium Neutral Citation:	[2021] NSWSC 404
Hearing Date(s):	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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^[1] Payce Communities Pty Ltd v Canterbury-Bankstown Council [2021] NSWSC 331.