Robert Deutsch v Erwin Deutsch (No 3)

In the case of Robert Deutsch v Erwin Deutsch (No 3), the court was required to consider the issue of damages for breach of terms of a settlement agreement between the parties. The dispute arose from a settlement agreement which had been reached between the parties, but subsequently breached by one party. The plaintiff sought damages for the breach, and the court was required to determine the correct method of assessing the loss and ensuring that the plaintiff did not receive double compensation. The court also needed to consider the issue of interest on the damages award, specifically whether the delay in prosecuting the case was contributed to by the defendant and whether the defendant had had use of the money represented by the damages award during the period of delay.

The court considered the relevant authorities, including Tabcorp Holdings Ltd v Bowen Investments Pty Ltd, Haines v Bendall, and HTW Valuers (Central Queensland) Pty Ltd v Astonland Pty Ltd. The court held that in assessing damages for breach of a settlement agreement, it was necessary to avoid double compensation. The court held that the plaintiff was entitled to damages for the breach of the settlement agreement, but that the damages should be calculated in a way that avoided double compensation. The court also held that the defendant had had use of the money represented by the damages award during the period of delay, and that there was no good cause shown to limit the period of statutory interest.

The court awarded damages to the plaintiff in the amount of $600,000, with interest at the rate of 7% per annum from the date of the breach until the date of judgment. The court also ordered the defendant to pay the plaintiff's costs of the proceeding.