Gerrard v Slamar

Gerrard v Slamar was a dispute heard by the Supreme Court of Victoria. The plaintiff, Gerrard, sought damages for the loss of a motor truck that was submitted for repair to the defendants, Slamar. The truck was extensively damaged during a test drive due to a defect in the steering column, which was partially dismantled when the vehicle was delivered for repair. The defendants failed to identify and correct the partially dismantled steering mechanism, resulting in the vehicle being written off. The plaintiff claimed damages for the loss of the vehicle and for loss of revenue from the use of the truck.

The legal issues before the court included whether the defendants were liable for the damage caused by the steering column defect and the extent of the damages that could be awarded. The court needed to determine if the evidence provided was sufficient to calculate the loss of income and profit from the loss of use of the truck. The plaintiff argued for substantial damages, while the defendants contended that the evidence was insufficient to support such a claim.

The court found that the evidence provided by the plaintiff was insufficient to accurately calculate the loss of income and profit from the loss of use of the truck. The judge noted that the assessment of damages for the loss of profit could only be undertaken on a broad brush approach, as there was no detailed evidence capable of calculation. The court relied on previous cases to establish that the plaintiff could not recover substantial damages without proving both the fact and the amount of damage. The court concluded that the damages could not be awarded because the evidence failed to reach a minimum standard upon which an assessment could be based.

The court dismissed the plaintiff's claim for damages, finding that the evidence did not support the assessment of damages for the loss of profit. The court did not award any damages to the plaintiff.