Transfield Pty Ltd v Feiersinger

The New South Wales Court of Appeal considered a dispute between Transfield Pty Ltd and Feiersinger. The case concerned a claim for damages arising from alleged breaches of contract and negligence in relation to work performed by Feiersinger for Transfield.

The primary legal issues before the Court of Appeal were whether the trial judge had erred in finding that Feiersinger had breached its contractual obligations and whether the trial judge had correctly assessed the damages awarded to Transfield. Specifically, the court had to determine the proper interpretation of the contract between the parties and the extent of Feiersinger's liability for defects in the work.

The Court of Appeal reviewed the evidence presented at trial and the findings of the trial judge. It applied principles of contract law concerning the implied terms of fitness for purpose and satisfactory quality, as well as the principles governing the assessment of damages for breach of contract. The court considered whether the defects identified constituted a breach of the contract and whether the damages awarded were a proper reflection of the loss suffered by Transfield.

The Court of Appeal upheld the trial judge's finding of a breach of contract by Feiersinger and affirmed the quantum of damages awarded.