The Court assessed damages for breach of a contract for sale of land where the purchaser failed to complete, awarding the difference between the contract price and the resale price, holding costs (rates, mortgage insurance, interest), wasted conveyancing and legal fees, and the forfeited deposit on a linked replacement property purchase, less the forfeited deposit retained from the defaulting purchaser. The Court held that the loss of a deposit on a replacement property purchased in anticipation of settlement was within the reasonable contemplation of the parties and therefore not too remote under Hadley v Baxendale. A lump sum costs order was declined due to insufficient supporting material.
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