Sattel & Ors v The Proprietors Be Bee's Tropical Apartments Building Units [2001] QCA 560

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH & DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE - REPUDIATION - OTHER PARTICULAR CASES - appeal against determination that body corporate liable in damages for repudiation of caretaking agreement - whether agreement ultra vires, on a

number of bases - whether body corporate undertook to remunerate respondents for carrying out services in relation to their own unit, contrary to Building Units and Group Titles Act - whether body corporate required to authorise by by-law the assumption of an obligation to pay for cleaning service with respect to reception area - whether attenuated cleaning and tidying obligation fell within maintenance and repair obligation of body corporate under s 37(1)(c) - consideration of meaning of that obligation - whether respondents required to provide cleaning and maintenance services at appellant's expense with respect to common areas over which it enjoyed exclusive use - whether provision of PABX service authorised by by-laws - whether payment for such service by appellant authorised - where provisions severable - whether certain special privileges in respect of common property authorised by by-law - where provisions severable

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH & DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE - REPUDIATION - WHAT AMOUNTS TO REPUDIATION - whether appellant repudiated agreement - whether respondents themselves in breach by contending the agreement was valid in its entirety, where it had been found partly invalid - whether agreement had been terminated pursuant to s 50(9)

DAMAGES - GENERAL PRINCIPLES - OTHER MATTERS - whether trial Judge properly remitted assessment of damages to District Court

PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF WHOLE ACTION - GENERALLY - whether discretion in relation to costs properly exercised - where costs awarded following the event notwithstanding remitting assessment of damages

Building Units and Group Titles Act 1980 (Qld) s 30(7), s 30(7A), s 30(7AA), s 37, s 37(1), s 37(1)(a), s 37(1)(b), s 37(1)(c), s 37(2)(a), s 37A, s 38(3)(b), s 38(4), s 38(5), s 38(6), , , , ,

Carney v Herbert (1985) AC 301, referred to

DTR Nominees Pty Ltd v Mona Homes Pty Ltd [1978] HCA 12; (1977-8) 138 CLR 423, considered

Foran v Wight [1989] HCA 51; (1989) 168 CLR 385, cited

Humphries & Anor v The Proprietors "Surfers Palms North" Group Title Plan 1955 (Appeal No 105 of 1992, 29 October 1992), referred to

Humphries & Anor v The Proprietors of "Surfers Palms North" Group Title Plan 1955 [1994] HCA 21; (1992-4) 179 CLR 597, referred to

McFarlane v Daniell [1938] NSWStRp 20; (1938) 38 SR(NSW) 337, referred to

Segacious Pty Ltd v Fabrellas [1991] 1 QdR 471, cited

Sevenoaks Maidstone and Tunbridge Railway Co v London Chatham and Dover Railway Co (1879) 11 ChD 625, considered

Water Board v Moustakas (1988) 180 CLR 491, cited