Van Su Trinh v Fawcett

In *Van Su Trinh & Anor v Fawcett*, the New South Wales Court of Appeal considered a dispute between the appellants, Van Su Trinh and another, and the respondent, Fawcett. The case concerned an appeal against a judgment of the District Court.

The primary legal issue before the Court of Appeal was whether the District Court judge had erred in finding that the respondent had established a claim for damages for breach of contract. Specifically, the court had to determine if the respondent had proven that the appellants had breached a contract for the sale of a business and, if so, the appropriate measure of damages.

The Court of Appeal analysed the evidence presented at trial and the terms of the contract. It was held that the District Court judge had correctly applied the principles of contract law in finding that a breach had occurred. The court affirmed that damages for breach of contract are intended to place the innocent party in the position they would have been in had the contract been performed. The appeal was dismissed.