Longden v Kenalda Nominees Pty Ltd

[2003] VSCA 128

Victorian Court of Appeal

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Interrogate

Catchwords

1. Damages
2. › Contract
3. › Assessment of damages for breach of contract
4. › Loss of commercial opportunity
5. › Deprivation of opportunity to conduct business
6. › Whether plaintiff established opportunity had value
7. › Whether value established on balance of probabilities
8. › Failure to establish damage
1. Damages
2. › Contract
3. › Assessment of damages for breach of contract
4. › Loss of commercial opportunity
5. › Proof of quantum
6. › Whether plaintiff required to prove loss with reasonable precision
7. › Failure to adduce acceptable evidence of loss
8. › Distinction between fact of loss and assessment of amount
1. Damages
2. › Contract
3. › Loss of commercial opportunity
4. › Standard of proof
5. › Distinction between establishing fact of loss on balance of probabilities and evaluating hypothetical possibilities in assessing quantum

Quick Take

A plaintiff claiming damages for loss of a commercial opportunity arising from breach of contract must first establish on the balance of probabilities that the opportunity had some value (not being negligible) before the court will assess quantum by reference to probabilities and possibilities. Where the only evidence led to prove the value of the opportunity is rejected, and no alternative evidence of the proposed business's projected operations is adduced, the plaintiff is entitled only to nominal damages. The fact that a real possibility of profit cannot be excluded is insufficient where there is no evidentiary basis on which the court could find the opportunity had value.