Acer Forester Pty Ltd v Complete Crane Hire (NT) Pty Ltd

[2014] HCASL 133

ACER FORESTER PTY LTD

v

COMPLETE CRANE HIRE (NT) PTY LTD & ORS

[2014] HCASL 133
D7/2013

1. On 17 July 2006, a crane collapsed onto the applicant's business premises causing significant damage.  The applicant claimed damages in negligence for loss occasioned by the interruption to the applicant's business while the building was being repaired.  Liability was conceded by the respondents.

2. Although the primary judge (Kelly J) concluded that the applicant was entitled to damages for eight days' loss of productive time to the business caused by the crane collapse, no award of damages for that loss was made.  This was because, in the primary judge's view, the claim was expressed as a loss of opportunity claim rather than a claim for business interruption.  The primary judge was not satisfied that the applicant had established that the collapse caused the applicant to lose the opportunity to earn additional revenue during the relevant period.

3. The Court of Appeal of the Northern Territory (Riley CJ, Southwood and Blokland JJ) allowed the appeal in part.  The Court of Appeal found that the primary judge had erred in making no award of damages for the loss of eight days of productive time from the applicant's business, and awarded $38,800 for that loss, but otherwise rejected the applicant's allegation that it had sustained loss of revenue over a much greater period.  The applicant now seeks special leave to appeal to this Court.

4. The applicant has not advanced any questions of law which would justify a grant of special leave to appeal and there is no reason to doubt the correctness of the decision of the Court of Appeal. 

5. Pursuant to r 41.11.1 of the High Court Rules 2004 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

K.M. Hayne
6 August 2014 S.M. Crennan