Fordham v Dewsash Pty Ltd t/as S.P. and W. Hobson

Fordham brought an appeal against the decision of the Civil and Administrative Tribunal (Tribunal) in relation to a dispute with Dewsash, who traded as S.P. and W. Hobson. The dispute concerned a claim for damages related to a breach of a contract for the sale of goods. The appeal was heard in the Civil Appeals Division of the Supreme Court of New South Wales.

The central legal issues before the court were whether the Tribunal erred in law by finding that there was no evidence of an agreement, the extent to which the plaintiff mitigated his losses, the appropriate quantum of damages, and whether an estoppel applied to prevent the defendant from relying on certain facts. Additionally, the court had to consider the allocation of costs between the parties.

The court found that the Tribunal had erred in concluding that there was no evidence of an agreement between the parties. The court held that there was sufficient evidence to establish the existence of a binding contract. Regarding mitigation of loss, the court found that the plaintiff had not adequately mitigated his losses, which impacted the quantum of damages awarded. The court also held that an estoppel applied, preventing the defendant from relying on certain facts. Finally, the court ordered that the plaintiff's costs of the appeal be costs of the proceedings in the Tribunal.

The court allowed the appeal, set aside the orders of the Tribunal, and remitted the matter to the Tribunal for a rehearing in accordance with the court's reasons. The court also ordered that the plaintiff's costs of the appeal be costs of the proceedings in the Tribunal.