Recent Cases

Arsalan v Rixon [2021] HCA 40 (08 December 2021) (Kiefel CJ, Gageler, Keane, Edelman and Steward JJ)


Catchwords:


Damages – Torts – Negligence – Damage to chattels – Consequential loss – Physical inconvenience and loss of amenity of use – Where respondents owned prestige vehicles – Where prestige vehicles negligently damaged and unavailable during periods of repair – Where appellants liable for costs of repairing vehicles – Where respondents deprived of use of prestige vehicles including enjoyment of various functions – Where respondents incurred costs of hiring replacement vehicles of equivalent value to damaged vehicles – Whether costs of hiring replacement vehicles recoverable as damages – Whether respondents required to prove need for prestige replacement vehicles – Whether hiring replacement vehicles of equivalent value constitutes acts taken to mitigate loss – Whether hiring replacement vehicles of equivalent value unreasonable.

Words and phrases – “act in mitigation”, “compensatory principle”, “concept of need”, “consequential loss”, “costs incurred in mitigation”, “costs of hire”, “equivalent replacement vehicle”, “equivalent value”, “heads of damage”, “loss of amenity of use “, “loss of pleasure or enjoyment”, “luxury vehicle”, “mitigation of loss”, “negligent damage to a chattel”, “physical inconvenience”, “prestige vehicle”, “proof of loss”, “reasonable hire costs”, “replacement vehicle”.