Sequel Drill & Blast Pty Ltd v Whitsunday Crushers Pty Ltd

Sequel Drill & Blast Pty Ltd appealed against a judgment in the Queensland District Court, where the trial judge found in favour of Whitsunday Crushers Pty Ltd. The dispute centered around a contract for drilling and blasting services, with the contract not specifying the number of blasts or 'shots' to be performed. The appellant completed seven shots before stopping work, while the respondent claimed that eight shots were required. The appeal raised issues about the contractual obligations regarding the number of shots, the reasonableness of the time taken by the appellant to complete the work, and the calculation of damages.

The court first examined the contractual obligations regarding the number of blasts. It found that the contract did not specify the number of shots, and therefore, the appellant was not contractually obliged to complete eight shots. The court then considered the reasonableness of the time taken by the appellant to complete the work. It held that the trial judge correctly found that there was an implied term that the appellant would complete the work within a reasonable time. The court found that the appellant's delay was not unreasonable due to the respondent's actions in giving the driller a leave of absence and the subsequent resignation of the driller. Finally, the court considered the measure of damages. It found that the appellant was not entitled to object to evidence on appeal when no objection was taken at trial. However, it held that the respondent failed to mitigate its loss and that the amount of damages awarded to the appellant should be increased to take into account the amount the respondent received from leasing its idle equipment.

The court varied the judgment by increasing the amount of the judgment in favour of the appellant from $1,894.99 to $7,064.99. The appeal was otherwise dismissed. The parties were given leave to make submissions as to costs within ten days and in accordance with paragraph 37A of Practice Direction No 1 of 2005.