McKAY v Hudson

McKAY v Hudson was a case where the plaintiff sought damages from the defendant for breach of contractual obligations in relation to a site development intended for the sale of caravans. The plaintiff claimed that the site deteriorated post-development, resulting in instability of the structure and defective construction. The matter was heard in the Supreme Court of Victoria. The plaintiff argued that the defendant had not fulfilled contractual obligations, leading to significant damage, and sought compensation for the required remedial works.

The central legal issues in the case were the appropriate approach to assessing damages in light of the deterioration of the site and the quality of the construction work. The plaintiff argued that the defendant's failure to maintain the site according to the contractual obligations resulted in a substantial decline in the property's value and necessitated costly remedial works. The defendant contended that the damages claimed were excessive and not directly attributable to the breach of contract.

The court found that while the defendant had indeed breached the contract, the evidence presented was insufficient to determine the exact extent of the damages claimed. The court noted that the plaintiff had failed to provide a detailed and reliable estimate of the costs associated with the remedial works. Additionally, the court rejected the plaintiff's motion for leave to adduce fresh evidence, finding that the plaintiff had not demonstrated a sufficient basis for the additional evidence. Consequently, the court allowed the appeal in part, reducing the quantum of damages awarded to the plaintiff.