Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: GLENNOS CONSTRUCTIONS PTY LIMITED v PAUL BECCARI [1993] NSWCA 109 Decision date: 01 October 1993
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Details
- AGLC
- Glennos Constructions Pty Limited v Paul Beccari [1993] NSWCA 109
- Case
- [1993] NSWCA 109
- Decision Date
CaseChat Overview and Summary
Glennos Constructions 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 a claim for damages for breach of contract, arising from building works undertaken by the appellant for 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 consider whether the damages awarded were too remote, having regard to the principles of remoteness of damages in contract law, and whether the Supreme Court had correctly applied the principles of causation in determining the extent of the appellant's liability.
The Court of Appeal analysed the principles established in *Hadley v Baxendale* and subsequent cases concerning the remoteness of damages. It considered whether the losses claimed by the respondent were a natural and probable consequence of the breach, or whether they arose from special circumstances that were communicated to the appellant at the time the contract was made. The court found that the Supreme Court had correctly applied these principles and that the damages awarded were not too remote. The court also affirmed the principles of causation, holding that the respondent had established a sufficient causal link between the appellant's breach and the losses suffered.
The appeal was dismissed, and the orders of the Supreme Court were affirmed.
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 consider whether the damages awarded were too remote, having regard to the principles of remoteness of damages in contract law, and whether the Supreme Court had correctly applied the principles of causation in determining the extent of the appellant's liability.
The Court of Appeal analysed the principles established in *Hadley v Baxendale* and subsequent cases concerning the remoteness of damages. It considered whether the losses claimed by the respondent were a natural and probable consequence of the breach, or whether they arose from special circumstances that were communicated to the appellant at the time the contract was made. The court found that the Supreme Court had correctly applied these principles and that the damages awarded were not too remote. The court also affirmed the principles of causation, holding that the respondent had established a sufficient causal link between the appellant's breach and the losses suffered.
The appeal was dismissed, and the orders of the Supreme Court were affirmed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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