DAMAGES — defendant held liable in earlier hearing for loss and damage caused by its destruction in 2014 of such of plaintiff’s chattels as had survived a fire in 2013 — plaintiff sought damages for destruction of the logbooks for five aircraft — evidence suggesting some logbooks had been destroyed in fire and others had been removed shortly thereafter — evidence that plaintiff kept logbooks of other aircraft in the hangar — whether plaintiff had established that the logbooks for the five aircraft had survived the fire and were destroyed by the defendant
DAMAGES — measure — appropriate measure for damages for destruction by bailee contrary to agreement with bailor — tortious or contractual — appropriate characterisation of loss of logbooks necessary to operate and maintain aircraft — significance of logbooks being unique items but of no intrinsic value aside from their use to operate and maintain aircraft — whether plaintiff entitled to cost of recreating the logbooks, or cost of acquiring replacement aircraft, or difference between value of aircraft with logbooks and without logbooks — whether plaintiff established case of consequential loss of business profits — plaintiff entitled to damages based on difference between value of aircraft with and without logbooks — claim for consequential loss not established on the evidence
Case Details
Citation[2022] NSWSC 587
CourtNSWSC
JurisdictionNew South Wales
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