Nicolaou v Smith

In *Nicolaou v Smith*, the New South Wales Court of Appeal considered a dispute between the appellant, Nicolaou, and the respondent, Smith. The case concerned an appeal against a decision of the Supreme Court of New South Wales.

The primary legal issue before the Court of Appeal was whether the Supreme Court had erred in its assessment of damages awarded to the respondent. Specifically, the court had to determine if the damages awarded for a breach of contract were excessive or otherwise improperly calculated.

The Court of Appeal reviewed the evidence presented at trial and the principles governing the assessment of damages for breach of contract. It considered whether the damages awarded reflected the actual loss suffered by the respondent as a direct consequence of the appellant's breach. The court applied established legal principles relating to remoteness of damage and the duty to mitigate.

The Court of Appeal found that the damages awarded by the Supreme Court were not excessive and upheld the original decision.