Capitalink Pty Ltd v Withnall

• 1. Contract
  2. › Breach of contract
  3. › Damages
  4. › Measure of damages for defective or incomplete building works
  5. › Future costs of rectification
  6. › Whether plaintiff must prove it will itself pay for future works
  7. › Whether intention to complete works relevant to assessment
• 1. Contract
  2. › Breach of contract
  3. › Damages
  4. › Proof of loss
  5. › Where past costs paid by third party family companies on plaintiff's behalf
  6. › Whether plaintiff proved it was liable to reimburse those companies
  7. › Implied promise to repay
• 1. Restitution
  2. › Third party payment of another party's debts
  3. › Implied request to pay
  4. › Implied promise to reimburse
  5. › Whether implication less readily drawn between family companies
  6. › Evidence and drawing of inferences
• 1. Evidence
  2. › Proof of loss
  3. › Failure to call witnesses
  4. › Jones v Dunkel inference
  5. › Failure to produce documentary evidence
  6. › Whether limited material appropriate basis for reasonable decision
  7. › Evidence Act 1995 (NSW), s 136

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