Forrester v Island Industries Pty Ltd [2010] NFSC 1

Forrester v Island Industries Pty Ltd [2010] NFSC 1

Mr Forrester is not entitled to the full liquidated sum assessed by his expert under the deed; restoration obligations are subject to implied limits of reasonableness, proportionality, and lawfulness. The appropriate damages are the cost of carrying out proper restoration, as determined by Mr Short's specification and Mr Meredith's calculations, excluding unlawful or unnecessary items.

Jurisdiction
Australia
Judgment Date
16 February 2010
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiff awarded damages for breach of deed; liquidated damages claim dismissed.
Legal Topics
['breach of Contract' 'restoration/remediation' 'liquidated Damages' 'damages Assessment' 'expert Evidence' 'concurrent Evidence']
['contract' 'evidence'] ['breach of Contract' 'restoration/remediation' 'liquidated Damages' 'damages Assessment' 'expert Evidence' 'concurrent Evidence']

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Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ['What obligation to remediate does the deed impose?' 'What remedial works does the deed require in the circumstances?' 'What right to sue does the deed confer?' 'What amount of compensation is payable?']

Ratio Decidendi

Mr Forrester is not entitled to the full liquidated sum assessed by his expert under the deed; restoration obligations are subject to implied limits of reasonableness, proportionality, and lawfulness. The appropriate damages are the cost of carrying out proper restoration, as determined by Mr Short's specification and Mr Meredith's calculations, excluding unlawful or unnecessary items.

Court Disposition

Plaintiff awarded damages for breach of deed; liquidated damages claim dismissed.

Orders

  • ['Judgment for plaintiff for approximately $175,000 (subject to final calculation and agreement).' 'Costs to be determined after further hearing.']