Flirt Pty Limited v Ute Gallagher

Flirt Pty Limited (the appellant) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the appellant's claim for damages arising from alleged breaches of contract by the respondent.

The primary legal issue before the Court of Appeal was whether the Supreme Court had erred in its assessment of damages. Specifically, the court had to determine if the damages awarded to the respondent were an appropriate reflection of the losses suffered due to the appellant's alleged breaches.

The Court of Appeal considered the principles of contractual damages, including the rule in *Hadley v Baxendale* concerning remoteness of damage. The court analysed the evidence presented at trial to ascertain whether the losses claimed by the respondent were a natural and probable consequence of the appellant's breaches, or if they were too remote. The court found that the Supreme Court had correctly applied these principles in its assessment of damages.

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