Kenair Seaplanes Pty Ltd v Lewis

Kenair Seaplanes Pty Ltd (the appellant) appealed to the New South Wales Court of Appeal against a decision of the primary judge that awarded damages to Mr Lewis (the respondent) for breach of contract. The dispute concerned the appellant's failure to deliver a seaplane to the respondent by a specified date.

The central legal issue before the Court of Appeal was whether the primary judge had erred in assessing the damages awarded to the respondent. Specifically, the appeal questioned the quantum of damages awarded, focusing on whether the primary judge had correctly determined the losses suffered by the respondent as a consequence of the appellant's breach.

The Court of Appeal found that the primary judge had made an error in the assessment of damages. While the precise nature of the error is not detailed in the provided text, the Court concluded that the damages awarded were not properly calculated according to established legal principles for assessing loss arising from breach of contract. The Court allowed the appeal, ordering that the appellant recover its costs.