Boral SGB Pty Ltd v White

Boral SGB Pty Ltd (Boral) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the interpretation of a contract for the supply of scaffolding services and the extent of Boral's liability for alleged defects in the scaffolding provided to White.

The primary legal issues before the Court of Appeal were whether the trial judge had erred in finding that Boral had breached its contractual obligations to provide scaffolding that was fit for purpose and of merchantable quality, and whether Boral was liable for damages arising from those alleged breaches. The court also considered the proper assessment of damages in this context.

The Court of Appeal examined the terms of the contract and the evidence presented at trial regarding the alleged defects and their impact. The court applied principles of contract law, including the implied terms of fitness for purpose and merchantable quality under the Sale of Goods Act 1923 (NSW), and the principles governing the assessment of damages for breach of contract. The court ultimately found that the trial judge's findings were not demonstrably wrong and upheld the original decision.

The appeal was dismissed, and the orders of the Supreme Court were affirmed.