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Ng v Filmlock Pty Ltd [2014] NSWCA 389 (13 November 2014)

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http://www.austlii.edu.au/au/cases/nsw/NSWCA/2014/389.html

CONTRACTS – contract for sale of land – termination for breach – measure of the vendors’ loss – whether the primary judge erred in finding that the measure of loss was the difference between the price payable under the contract and the net amount attributable to the land under a resale contract 13 months later – whether the prima facie rule governing damages for breach of a contract for sale of land should give way where there was no “available market” at the time of breach – no evidence before the primary judge as to the market value of the land at the date of breach


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