Tulloch Brae Pty Ltd v Environmental Protection Equipment Pty Ltd & Anor

[2021] QSC 213

Supreme Court of Queensland

Built by Barristers,
For Australian Law.

1. Damages
2. › ASSESSMENT OF DAMAGES IN ACTIONS FOR BREACH OF CONTRACT
3. › where the defendant’s claim for damages for breach of contract was assessed by reference to the money it would have made had the plaintiff performed the carriage agreement according to its terms
1. Contracts
2. › GENERAL CONTRACTUAL PRINCIPLES
3. › loss and damage
4. › where the defendant pleaded that the plaintiff’s breach of contract resulted in a loss of opportunity
5. › whether there was a contractual promise on the part of the plaintiff “to afford the [defendant] an opportunity to acquire a benefit or avoid a detriment”
6. › whether the proceeding was properly characterised as a loss of opportunity case
1. Damages
2. › ASSESSMENT OF DAMAGES IN BREACH OF CONTRACT
3. › PARTICULAR HEADS OF LOSS
4. › LOSS OF CHANCE OR OPPORTUNITY
5. › Australian Consumer Law
6. › where defendant claimed that it would not have entered into the carriage agreement were it not for the misrepresentations of the plaintiff
7. › where the defendant claimed it lost the opportunity to make other profitable arrangements
8. › where the defendant was required to prove causation of loss on the balance of probabilities
1. Australian Consumer Law, ss 4(1), 4(2)