FE Accommodation Pty Ltd & Anor v Gold Valley Iron Ore Pty Ltd [2024] NTSC 61 — Remedies & Claim For Interest — Barrister AI

FE Accommodation Pty Ltd & Anor v Gold Valley Iron Ore Pty Ltd

[2024] NTSC 61

Supreme Court of the Northern Territory

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Interrogate

Catchwords

1. Contract
2. › Remedies
3. › Damages
4. › Assessment of damages
5. › General principles
6. › ‘Ruling Principle’
7. › Onus of proof on the Plaintiff
8. › Damages must be proved with degree of precision as reasonably available
9. › Entitlement to damages limited to damages that arise naturally
10. › Plaintiff has a duty to mitigate of loss
11. › Plaintiff cannot recover losses which are avoided
12. › Plaintiff cannot be placed in a superior position to which they would have been if the contract had been performed.
1. Damages
2. › Claim for interest
3. › Calculation of interest on damages
4. › s 84(1) Supreme Court Act 1979 (NT)
5. › Interest as damages
6. › Requirement to prove loss not satisfied by first plaintiff
7. › Award of nominal damages.
1. Damages
2. › Assessment of damages
3. › Prima facie measure
4. › Whether prima facie measure applies
5. › Whether s 52(3) Sale of Goods Act 1972 (NT) applies
6. › s 52(3) Sale of Goods Act 1972 (NT) not applicable to claim for damages.
1. Damages
2. › Assessment of damages
3. › Prima facie measure at common law
4. › Whether prima facie measure applies
5. › Defendant did not plead any prima facie measure of damages outside of the Sale of Goods Act 1972 (NT)
6. › Departure from the general rule when in the ‘interests of justice’
7. › Prima facie measure displaced.

Case Details

Citation[2024] NTSC 61

CourtNTSC

JurisdictionNorthern Territory

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Cited by2

Relies on36

2023Motor Accidents (Compensation) Commission v Motor Accidents Insurance Board (No 2)NTSC 71
2021Gold Valley Iron Ore Pty Ltd v FE Accommodation Pty Ltd & AnorNTCA 2
2021Sabouni v Revelop Building and Developments Pty LtdNSWSC 31
2021Hancock v Rinehart (No 2)NSWSC 3
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