Whipp v Cochrane [2001] NSWSC 454

Whipp v Cochrane [2001] NSWSC 454

Because liability for breach of contract was admitted, the plaintiff was entitled to a verdict and at least nominal damages even if actual loss was not proved. The Magistrate therefore erred in law by entering judgment for the defendant, and the decision had to be set aside and remitted for determination of damages according to law.

Jurisdiction
Australia
Judgment Date
05 June 2001
Procedural Posture
Appeal Under S 69(2) of the Local Courts (civil Claims) Act 1970 (nsw) / Supreme Court Appeal From Local Court Judgment Dated 6 September 2000
Outcome
Appeal allowed; Local Court decision set aside; matter remitted for determination of damages; defendant to pay the plaintiff's costs.
Legal Topics
['appeal From Local Court Decision' 'error of Law' 'breach of Contract' 'nominal Damages' 'mitigation of Loss' 'assessment of Damages' 'remittal']
['administrative Law' 'contract Law' 'civil Procedure' 'damages'] ['appeal From Local Court Decision' 'error of Law' 'breach of Contract' 'nominal Damages' 'mitigation of Loss' 'assessment of Damages' 'remittal']

Case Brief

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Procedural Posture

Appeal Under S 69(2) of the Local Courts (civil Claims) Act 1970 (nsw) / Supreme Court Appeal From Local Court Judgment Dated 6 September 2000

Legal Issues

  1. 1 ['Whether the Magistrate erred in giving verdict and judgment for the defendant where breach of contract was admitted and only damages remained to be assessed.' "Whether the plaintiff was entitled to at least nominal damages despite the Magistrate's finding that actual loss was not proved or was not mitigated." 'Whether the matter should be remitted for determination of damages.']

Ratio Decidendi

Because liability for breach of contract was admitted, the plaintiff was entitled to a verdict and at least nominal damages even if actual loss was not proved. The Magistrate therefore erred in law by entering judgment for the defendant, and the decision had to be set aside and remitted for determination of damages according to law.

Court Disposition

Appeal allowed; Local Court decision set aside; matter remitted for determination of damages; defendant to pay the plaintiff's costs.

Orders

  • ["The decision of Magistrate O'Connor of 6 September 2000 is set aside." 'The matter is to be remitted to the Magistrate for determination of damages.' "The defendant is to pay the plaintiff's costs as agreed or assessed."]