Cripps v G & M Dawson Pty Ltd

The appeal concerned a dispute between a tenant, Cripps, and the landlord, G & M Dawson Pty Ltd, regarding the landlord's refusal to consent to the assignment of a retail lease. The matter came before the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the damages claimed by the tenant for the landlord's refusal to consent were too remote, applying the principles established in *Hadley v Baxendale*, and whether the question of remoteness was one of fact or law. Additionally, the court considered whether there were "special circumstances" to justify an award of costs under section 88(1) of the *Administrative Decisions Tribunal Act 1997* (NSW).

The Court of Appeal dismissed the tenant's appeal, finding that the damages claimed were indeed too remote. The court reasoned that the loss of a specific opportunity to sell the business at a particular price was not a natural or probable consequence of the landlord's breach, nor was it within the reasonable contemplation of the parties at the time the lease was entered into. The court held that remoteness of damage is a question of law. The court also granted leave to file a cross-appeal, which was allowed, concerning the costs awarded by the Tribunal and Appeal Panel. The appellants were ordered to pay the respondents' costs before the Tribunal and Appeal Panel, and the cross-appellant was awarded costs of the cross-appeal.