Budd & Ors v Kambah Tea Tree Plantations Pty Ltd & Ors [2001] NSWCA 180

Budd & Ors v Kambah Tea Tree Plantations Pty Ltd & Ors [2001] NSWCA 180

The appeal was allowed in part, with the Court of Appeal finding no error in the trial judge's substantial findings on liability and bias, but determining that the damages awarded for the plaintiffs' breach of the Second Supply Contract were excessive as the calculation failed to allow for the costs of propagating the seedlings and the seed costs. Thus, the damages award was set aside and the calculation was to be revised as per the reasons provided.

Jurisdiction
Australia
Judgment Date
20 June 2001
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed in part
Legal Topics
['repudiation' 'termination of Contract' 'quantum of Damages' 'apparent Bias' 'fairness of Trial']
['contract Law' 'civil Procedure'] ['repudiation' 'termination of Contract' 'quantum of Damages' 'apparent Bias' 'fairness of Trial']

Case Brief

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Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether repudiation was wrongful under First and Second Supply Contracts' 'Whether trial was affected by actual or apparent bias' 'Assessment of damages for breach of contract']

Ratio Decidendi

The appeal was allowed in part, with the Court of Appeal finding no error in the trial judge's substantial findings on liability and bias, but determining that the damages awarded for the plaintiffs' breach of the Second Supply Contract were excessive as the calculation failed to allow for the costs of propagating the seedlings and the seed costs. Thus, the damages award was set aside and the calculation was to be revised as per the reasons provided.

Court Disposition

Appeal allowed in part

Orders

  • ['Appeal allowed' 'Order 3 made by the trial judge on 14 July 2000 set aside' 'In lieu, order that plaintiffs pay first defendant/cross-claimant damages in a sum to be agreed after calculation of interest as per judgment reasons' 'Parties to file within seven days an agreed minute reflecting the damages figure...