Hamilton & Thomas

Hamilton & Thomas is an appeal against a decision of the Federal Circuit Court of Australia, involving a dispute over the quantum of damages awarded to the respondent for breach of contract. The appeal was heard by the Full Court of the Federal Court, which comprised of Justices Kiefel, Edelman and Bell. The legal issues that the Court was required to decide related to the calculation of damages for breach of contract and the appropriateness of the costs certificates granted to both parties.

The Court found that the trial judge had erred in the calculation of damages awarded to the respondent. The trial judge had awarded damages in the amount of $66,231, whereas the Court found that the correct amount should be $148,062. The Court also found that the trial judge had erred in his approach to the assessment of costs and that it would be appropriate to grant costs certificates to both parties. The Court held that it would be appropriate for the Attorney-General to authorise a payment under the Federal Proceedings (Costs) Act 1981 (Cth) to the appellant in respect of the costs incurred by the appellant in relation to the appeal, and to the respondent in respect of the costs incurred by the respondent in relation to the appeal.

Accordingly, the Court allowed the appeal and varied the orders of the trial judge to reflect the correct amount of damages. The Court also granted costs certificates to both parties, finding that it would be appropriate for the Attorney-General to authorise a payment under the Federal Proceedings (Costs) Act 1981 (Cth) to the appellant and to the respondent in respect of the costs incurred by each party in relation to the appeal.