IW & CA Price Constructions Pty Ltd v Australian Building Insurance Services Pty Ltd & Anor

[2017] QCA 313

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › General civil appeal
3. › Interference with judge's findings of fact
4. › Inferences of fact
5. › Whether finding of long-term loss of goodwill supported by evidence
6. › Whether trial judge erred in finding goodwill 'inevitably damaged'
1. Appeal
2. › General civil appeal
3. › Interference with judge's findings of fact
4. › Findings based on credibility of witnesses
5. › Whether trial judge erred in rejecting oral evidence of payment unsupported by documentary evidence
1. Damages
2. › Breach of contract
3. › Loss of goodwill
4. › Whether temporary disruption to business relationship caused permanent diminution in goodwill
5. › Relationship between damages for lost profits and damages for loss of goodwill
1. Damages
2. › Breach of contract
3. › Loss of profits
4. › Quantification
5. › Whether sufficient evidentiary basis for assessment of lost profits
6. › Whether trial judge erred in accepting evidence of number and average value of lost contracts

Quick Take

Where a seller's post-completion conduct temporarily disrupts a buyer's relationship with a major client, damages for lost profits during the disruption period may compensate the buyer, but a separate award for loss of goodwill requires evidence of long-term or permanent diminution beyond the period already compensated. Uncorroborated oral evidence of payments may be insufficient to discharge the evidentiary burden where adverse credibility findings have been made against the witness.