Recent Cases

Wollongong City Council v Papadopoulos [2019] NSWCA 178 (19 July 2019) (Basten JA at [1]; Leeming JA at [2]; McCallum JA at [87])


DAMAGES – breach of contract – calculation of economic loss – respondent operated kiosk on premises licensed from appellant – appellant breached licence agreement – no evidence of damages – primary judge used ATO “benchmarks” for restaurant businesses to derive likely lost profits – whether primary judge could take judicial notice of benchmarks – whether benchmarks capable of sustaining damages calculated by primary judge – whether nominal damages should be awarded or the matter remitted

TRIAL – procedural fairness – court invited appellant’s counsel to attend to make further submissions on damages after judgment reserved – no response from counsel – invitation repeated by court – appellant’s counsel supplied written submission opposing further hearing – court proceeded to assess damages against appellant without further hearing – whether course adopted by court procedurally unfair