CASTLE CONSTRUCTIONS PTY LIMITED v FEKALA PTY LIMITED & ORS [2006] NSWCA 133

CASTLE CONSTRUCTIONS PTY LIMITED v FEKALA PTY LIMITED & ORS [2006] NSWCA 133

The loss of profit claimed was not caused by the vendors' breach but by the purchaser's independent decision not to proceed with the venture; furthermore, the claimed loss was too remote and the purchaser failed to mitigate its loss by not completing the contract or pursuing reasonable alternatives. Appeal dismissed.

Jurisdiction
Australia
Judgment Date
29 May 2006
Procedural Posture
Appeal / Final Judgment, Post Hearing
Outcome
Appeal dismissed with costs.
Legal Topics
['damages' 'sale of Land' 'mitigation' 'remoteness' 'loss of Bargain' 'causation']
['contract' 'real Property'] ['damages' 'sale of Land' 'mitigation' 'remoteness' 'loss of Bargain' 'causation']

Case Brief

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Procedural Posture

Appeal / Final Judgment, Post Hearing

Legal Issues

  1. 1 ["Was the claimed loss caused by the vendor's breach?" 'Was the loss of profits too remote to be recoverable?' 'Did the purchaser fail to mitigate its loss?']

Ratio Decidendi

The loss of profit claimed was not caused by the vendors' breach but by the purchaser's independent decision not to proceed with the venture; furthermore, the claimed loss was too remote and the purchaser failed to mitigate its loss by not completing the contract or pursuing reasonable alternatives. Appeal dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']