Damages claim goes in favour of couple

A SUPREME Court Judge has rejected part of a $4.5 million damages claim linked to a Cairns couple.

Argus Accounting Pty Ltd and Argus Private Pty Ltd are suing Anthony Blake Pty Ltd, Anthony Blake and Jutta Blake over alleged breaches of contracts stemming from the sale of a business in June 2016.

The total amount sought is $4,491,365.

Argus has alleged that they had two interconnected agreements with the defendants – they would purchase an accountancy business and the defendants would manage and operate the business for 12 months after sale.

Mr and Mrs Blake claim they were not parties to either the sale or the contractor agreements.

“The problem for the plaintiffs is that the contracts which they claim to have been breached were prepared by them and each contains a standard clause to the effect that the contract contains the entire agreement and supersedes all prior negotiations, understandings and agreement,” Justice Glenn Martin AM said.

In a judgment Judge Martin said no case against Mr and Mrs Blake had been demonstrated and ordered Argus Accounting and Argus Private to pay their costs.

The plaintiffs didn’t fair any better against Anthony Blake Pty Ltd with Justice Martin dismissing their application for summary judgment noting there were triable issues.

That part of the matter will proceed to trial with Argus Accounting and Argus Private ordered to pay the costs.