Covino v Power [1999] QSC 274

Z707~ State -(' 11 ( '5(. ~tJ)z 74 - . " .JUSTICE Reporting Bureau TRANSCRIPT OF PROCEEDINGS Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. , .. ~ -:-"' SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION HELMAN J No 1855 of 1992 ANGELO COVINO and CATHERINE BRIDGETTE POWER BRISBANE .. DATE 30/07/99 JUDGMENT / 1 REVISED COPIES ISSUED State Reporting Bureau DateoJJ / p-/ Plaintiff Defendant .1111 FlIHII', Tile Law COllrts, Gcor1!e Sireet. Brishane. O. 4()(}() Tl'h!IIII/,""~ {()7) .17.J7 dl('11 I~·.v· fli/\ 17.1/ ~C;1" -- 1 of 2 -- 300799 D.1 T11/IK29 M/T 5150/99 (Helman J) HIS HONOUR: On the evidence before me it appears that the plaintiff is entitled to damages for breach of contract in the sum of $46,638.61. The contract in question is the agreement alleged in the statement of claim and I accept the assessment contained in Exhibit 1 subject to the deletion of $45,500.00 arising from the forced sale of Sydney land. Entitlement to 10 that sum has not been satisfactorily proved because there is no appropriate valuation in the evidence. I accept the calculation of interest which has been put before me and I accept Mr Forde's submission that the deduction referred to in the schedule of interest should not be made. The evidence before me shows that the plaintiff is entitled to the declaration sought and in the circumstances I think it appropriate to make the order sought under section 114 of the Land Title Act 1994. So, the judgment of the Court will be as set out in the draft that is before me and which I shall initial and have placed with the papers. 2 JUDGMENT 20 30 40 50 60 -- 2 of 2 --