Creeper v Cooper

In Creeper v Cooper, the plaintiffs appealed to the Court against a decision of the District Court. The dispute concerned a breach of warranty in a contract, with the plaintiffs claiming damages.

The Court was required to determine whether the primary judge erred in finding no causation of loss by the defendants' breach of warranty, despite the plaintiffs' conduct. It also had to consider whether the primary judge erred in his approach to the assessment of damages, including his assessment of the quantum of loss and the admissibility of certain expert evidence.

The Court found that the primary judge had erred in his findings on causation, holding that the plaintiffs' conduct did not negate the causation of loss by the breach of warranty, nor did their failure to exercise cooling-off rights. Furthermore, the Court determined that the primary judge's approach to assessing damages was flawed, as he made a global assessment of expert credibility rather than specific findings on the disputed issues. The assessment of quantum was also found to be erroneous, with the primary judge failing to address all of the plaintiffs' complaints and improperly admitting expert evidence in re-examination.

Consequently, the Court allowed the appeal, set aside the judgment of the District Court, and entered judgment for the plaintiffs for damages to be assessed. The Court expressed concern about the significant costs incurred by the parties and indicated it would consider mediation and hear submissions on costs.