Traeger v Harris

In the matter of Traeger v Harris, the plaintiff sought to recover damages from the defendant for breach of contract. The dispute centred on whether the defendant's late application to amend his defence was appropriate and whether the plaintiff had mitigated his damages. The case was heard by the Supreme Court of Queensland. The legal issues that arose for determination were whether the court should allow the defendant's late application to amend his defence and whether the plaintiff had taken reasonable steps to mitigate his damages. The court considered the principles of discretion in allowing amendments to pleadings and the obligation of the plaintiff to mitigate damages. The court held that the defendant's application to amend his defence was late, but it was not so late as to be unjust or oppressive to the plaintiff. The court allowed the amendment on the basis that it was in the interests of justice to do so. The court also found that the plaintiff had not taken reasonable steps to mitigate his damages and reduced the amount of damages awarded accordingly. The court's decision was that the defendant's application to amend his defence was allowed and that the plaintiff's damages were reduced by 25% for failure to mitigate.