Australian Post Corporation v Boon

Australian Post Corporation was sued by Mr Boon for failing to deliver a parcel by the contracted date of delivery. Mr Boon claimed that the late delivery caused him to incur additional costs and distress, which he sought to recover. The case was heard in the Southport Magistrates Court and was subsequently appealed to the Queensland Civil and Administrative Tribunal (QCAT). The appeal centred on whether there was a breach of contract by Australian Post Corporation, whether the losses claimed were a reasonably foreseeable result of the breach, and whether there was an error in the application of Australia Post General Terms and Conditions. The QCAT found that Australian Post Corporation had breached the contract, but that the losses claimed by Mr Boon were not a reasonably foreseeable result of the breach. The court held that the late delivery was not the proximate cause of Mr Boon’s additional costs and distress, and that Mr Boon’s own actions and decisions contributed to his losses.

The appeal court found that the QCAT had erred in finding a breach of contract by Australian Post Corporation. The court held that the time frames contemplated by Boon and the Consulate were significantly different, and that the late delivery was not the proximate cause of Mr Boon’s additional costs and distress. The court further held that the QCAT had also erred in finding that the losses claimed were a reasonably foreseeable result of the breach. The appeal court found that Mr Boon’s own actions and decisions contributed to his losses, and that the losses were not a reasonably foreseeable result of the breach. The appeal court granted leave to appeal, allowed the appeal, and set aside the decision of the QCAT. The action commenced as Case Number 362/13 (Southport) on 10 May 2013 was dismissed.