Murphy v Doman & Ors

The Supreme Court of Queensland, Court of Appeal, considered an application for leave to appeal in the matter of *Murphy v Doman & Ors*. The dispute concerned the assessment of damages for conversion, specifically relating to the value of memorabilia.

The primary legal issue before the Court of Appeal was whether the primary judge had erred in their assessment of the value of the converted memorabilia. This involved determining the appropriate method for valuing items that may have sentimental or unique value beyond their market price.

The Court of Appeal reviewed the principles governing damages for conversion, particularly in circumstances where the converted goods possess a special or sentimental value to the owner. It was held that while market value is often the starting point, the unique nature of the items and their significance to the owner can be taken into account in assessing damages. The Court found no error in the primary judge's approach to valuing the memorabilia, concluding that the assessment was open to the primary judge on the evidence presented.

Consequently, the application for leave to appeal was dismissed with costs.