Goldburg v Shell Oil Co of Australia Ltd

Goldburg was the plaintiff and Shell Oil Co of Australia Ltd was the defendant in this matter. The plaintiff sought damages for the defendant's alleged breach of contract. The case was heard in the Supreme Court of New South Wales. The plaintiff brought an action for damages claiming that the defendant had breached their contract by terminating their supply agreement early. The plaintiff sought damages for lost profits and losses incurred as a result of the early termination.

The primary legal issue before the court was whether the plaintiff had established the facts upon which an appropriate measure of damages could be based. The court also had to consider whether the plaintiff had failed to mitigate their losses and whether the plaintiff could claim damages for future loss of profits. The court needed to determine how the contractual term allowing for termination upon certain events affected the quantification of damages.

The court found that the plaintiff had not established the facts upon which an appropriate measure of damages could be based. The court held that the plaintiff had not proven that they would have made the profits that they claimed had the contract not been breached. The court also found that the plaintiff had not taken reasonable steps to mitigate their losses following the breach. The court held that the contractual term allowing for termination upon certain events did not affect the quantification of damages, as the plaintiff had not proven that they would have made the profits that they claimed. The court dismissed the plaintiff's claim for damages.