Robert John King, Long Paddock Pty Ltd v Stelmag Pty Ltd

Robert John King and Long Paddock Pty Ltd (the appellants) appealed to the Full Court of the Supreme Court of Victoria against a judgment entered in favour of Stelmag Pty Ltd (the respondent). The dispute concerned the quantum of damages awarded to Stelmag Pty Ltd.

The Full Court was required to determine whether a cross-appeal by Stelmag Pty Ltd had been validly abandoned and, if not, to consider the substantive grounds of that cross-appeal concerning the assessment of damages.

The Court found that the cross-appeal had not been abandoned. Applying principles of contractual interpretation and assessment of damages, the Court reasoned that the original judgment had incorrectly calculated the amount owing to Stelmag Pty Ltd. The Court varied the judgment to reflect the correct sum.

Consequently, the Full Court allowed the cross-appeal and increased the judgment sum awarded to Stelmag Pty Ltd against Long Paddock Pty Ltd to $629,333.02.