Recent Cases

Renown Corporation Pty Ltd v SEMF Pty Ltd [2022] NSWCA 233 (15 November 2022) (Meagher, Brereton and Mitchelmore JJA)


Catchwords:


CONTRACTS – Remedies – Damages – Time of assessment – Contract for supply and installation of software system – Where system delivered was defective – Whether primary judge erred in assessing damages as at date of hearing rather than date of breach – No contention that plaintiff unreasonably failed to mitigate its losses by delaying rectification or replacement – No error in assessing damages as at date of hearing

CONTRACTS – Remedies – Damages – Measure of damages – Whether primary judge erred in assessing damages as costs of replacing defective system with new upgraded system, instead of costs of rectifying individual defects – Common ground that most efficient and cost-effective approach was replacement with newer system – Betterment – Onus on defendant to prove any amount saved by plaintiff due to upgrade – No error in primary judge’s approach