[2002] QCA 96
COURT OF APPEAL
DAVIES JA
Appeal No 11034 of 2001
CMS CAIRNS PTY LTD
(ACN 010 861 579) Respondent (Applicant)
and
ISICOB PTY LTD
(ACN 010 398 044) Appellant (Respondent)
BRISBANE
..DATE 19/03/2002
ORDER
1
19032002 T3/RB28 M/T COA44/2002
DAVIES JA: I will vacate the date for this appeal for Friday and order that it be set down for the Townsville sittings commencing in the week of 27 May 2002.
...
DAVIES JA: Costs in the cause.
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2 ORDER
Details
- AGLC
- CMS Cairns Pty Ltd v Isicob Pty Ltd [2002] QCA 96
- Case
- [2002] QCA 96
- Decision Date
CaseChat Overview and Summary
CMS Cairns Pty Ltd brought an application against Isicob Pty Ltd in the Supreme Court of Queensland, seeking damages for breach of contract. The application was subsequently appealed to the Queensland Court of Appeal. The central issue in the appeal was whether the lower court was correct in its assessment of the damages awarded to CMS Cairns Pty Ltd. The appeal required the Court of Appeal to review the evidence presented to determine if the damages awarded were fair and reasonable.
The Court of Appeal found that the lower court did not err in its assessment of the damages. The court considered the evidence provided by both parties and the relevant legal principles. The court determined that the damages awarded were proportionate to the loss suffered by CMS Cairns Pty Ltd. The court held that the lower court correctly applied the principles of assessing damages for breach of contract.
The Court of Appeal dismissed the appeal and ordered that the original decision of the lower court stand. CMS Cairns Pty Ltd was entitled to the damages awarded in the lower court's decision. The court also ordered the appellant, Isicob Pty Ltd, to pay the costs of the appeal. The appeal was effectively quashed, and the original judgment remained in place.
The Court of Appeal found that the lower court did not err in its assessment of the damages. The court considered the evidence provided by both parties and the relevant legal principles. The court determined that the damages awarded were proportionate to the loss suffered by CMS Cairns Pty Ltd. The court held that the lower court correctly applied the principles of assessing damages for breach of contract.
The Court of Appeal dismissed the appeal and ordered that the original decision of the lower court stand. CMS Cairns Pty Ltd was entitled to the damages awarded in the lower court's decision. The court also ordered the appellant, Isicob Pty Ltd, to pay the costs of the appeal. The appeal was effectively quashed, and the original judgment remained in place.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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