Bovaird v Frost

In *Bovaird v Frost*, the applicants appealed against the quantum of damages awarded to them for breach of contract against the estate of the deceased. The estate had been declared bankrupt, and the damages awarded exceeded the remaining assets. The applicants had also commenced a devastavit proceeding against the executors of the estate.

The central legal issue before the Court of Appeal was whether the appeal against the quantum of damages should be dismissed on the basis that it would be an exercise in futility, given the insolvency of the estate and the applicants' existing claim for devastavit.

Basten JA dismissed the appeal. His Honour reasoned that the appeal against the quantum of damages would be futile because the estate's bankruptcy meant that any increased award would not be recoverable. The applicants' existing devastavit proceeding provided a mechanism to pursue the executors personally for any shortfall, rendering the appeal on quantum unnecessary and unproductive.

Consequently, the Court of Appeal ordered that the appeal be dismissed and that the appellants pay the respondents' costs in the Court.