Syntex Australia & anor v Ray Teese P/L

[1996] QCA 259

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Damages
2. › Proof of loss
3. › Certainty of proof
4. › Whether mere difficulty in estimating damages relieves court from making assessment
5. › Whether speculative assessment permissible where evidence insufficient to enable rational estimate
6. › Loss of chance
1. Sale of Goods
2. › Implied conditions
3. › Fitness for purpose
4. › Growth promotant for dairy cattle
5. › Whether product reasonably fit for specified purpose
6. › Whether vendor aware of intended use
1. Tort
2. › Negligence
3. › Duty of care
4. › Vendor of veterinary product
5. › Adequacy of warning
6. › Recommendation by vendor without sufficient knowledge
7. › Standard of care of veterinarian recommending product
1. Contract
2. › Breach
3. › Nominal damages
4. › Breach of contract proved but no damage established

Quick Take

Where a plaintiff proves liability but fails to adduce evidence from which a rational estimate of loss can be made, the court should not make a speculative assessment of damages. The principle that difficulty in estimating damages does not relieve the court from making an assessment does not extend to cases where the evidence is so deficient that any assessment would be mere guesswork. A plaintiff must prove loss with as much certainty and particularity as is reasonable in the circumstances.