Mukherjee v Equipmed Pty Limited

The appeal in *Mukherjee v Equipmed Pty Limited* concerned a dispute arising from the appellant's refusal to accept goods that were the subject of a contract between the parties. The matter came before the Court of Appeal of New South Wales, with Meagher, Santow and Tobias JJA presiding.

The central legal issue before the Court of Appeal was whether the trial judge had correctly assessed the damages awarded to the respondent for its loss of profit resulting from the appellant's breach of contract.

The Court of Appeal found that the trial judge had erred in her assessment of damages. The Court applied principles of contract law relating to the measure of damages for breach, specifically concerning the recovery of lost profits. The Court determined that the respondent was entitled to recover its lost profits, but the quantum of those profits had been incorrectly calculated at first instance.

Consequently, the appeal was allowed, and the judgment of the trial judge was set aside. The Court of Appeal ordered that judgment be entered for the respondent in the sum of $108,464.09 and that the appellant pay the respondent's costs of the proceedings at first instance, with no order as to the costs of the appeal.