Laurel Star Pty Ltd v Babstock Pty Ltd

DISTRICT COURT OF QUEENSLAND CITATION: Laurel Star Pty Ltd v Babstock Pty Ltd [2020] QDC 305 PARTIES: LAUREL STAR PTY LTD ACN 624 444 864 as trustee for the Alan and Dorothy Marburg Family Trust (first plaintiff) AND DOROTHY ANN MARBURG (second plaintiff) v BABSTOCK PTY LTD ACN 010 443 124 as trustee for The Kenman Real Estate Unit Trust ABN 60 266 220 872 (first defendant) AND WAG PROPERTY MANAGEMENT PTY LTD ACN 136 174 242 as trustee for The WAG Unit Trust (second defendant) FILE NO/S: 2326/18 DIVISION: Civil PROCEEDING: Trial DELIVERED ON: 3 December 2020 DELIVERED AT: Brisbane HEARING DATE: 11 to 15 May 2020 Last submissions received on 27 August 2020 JUDGE: Barlow QC DCJ ORDER: 1.   Judgment for the first plaintiff against both defendants in the sum of $42,844.86. 2.   The defendants pay, or cause to be paid, to the first plaintiff the sums of $41,500 and $250, respectively comprising the balance of the deposit under each contract. 3.   Judgment for the plaintiffs on the counterclaim. CATCHWORDS: CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH – REPUDIATION AND NON-PERFORMANCE – REPUDIATION – WHAT AMOUNTS TO REPUDIATION –  contract conditional on the lessor agreeing to provide a new lease to the plaintiffs – plaintiffs contend that they validly terminated the contract, either due to not being able to secure a new lease of the premises, or because the absence of a lease was due to breach by the defendants of...