Finucane, P.E. v N.S.W. Egg Corporation [1988] FCA 332

JUDGMENT No. 2.@ LES

CATCHWORDS CONTRACT - principles governing assessment of damages for breach of

contract -point at which contract of continuing nature could lawfully be terminated - interest payable on loan for purchase of business as expense of the business reducing profits made from the business - notional assessment of tax payable had the contract been performed

according to its terms.

N

PETER EDWARD FINUCANE v NEW SOUTH WALES EGG CORPORATION G24 of 1987

LOCKHART J. SYDNEY 8 JULY 1988

IN THE FEDERAL COURT OF AUSTRALIA } )

NEW SOUTH WALES DISTRICT REGISTRY ) No. G24 of 1987 ) )

GENERAL DIVISION

BETWEEN: PETER EDWARD FINUCANE

Applicant AND: NEW SOUTH WALES EGG CORPORATION Respondent JUDGE MAKING ORDER: LOCKHART J. DATE ORDER MADE: 8 JULY 1988

WHERE ORDER MADE: SYDNEY

MINUTES OF ORDER

1. The Court grants leave to the applicant: (a) To amend the amended statement of claim by deleting paragraph 20(k) and inserting in lieu thereof paragraph 20(k2) which reads as follows:

'Failed to inform the applicant that:

(i) the respondent held the view that in the event of the services of some egg carriers being dispensed with then the most recently retained carriers would probably be the carriers not retained.

(ii) that the respondent held the view that it was more likely than not that in the event of changes to the transport system being introduced it would make compensation to carriers retained before 1 July 1983 but not those engaged thereafter.'

(b)

To amend the amended statement of claim by deleting paragraph 23A(b) and inserting in lieu thereof

paragraph 23A(b2) which reads as follows:

"It was a term and condition of the said Agreement that the respondent would not terminate the Agreement except upon the happening of any of the events mentioned in clause 2 of the Contract Carrier's Appointment or upon reasonable notice by one party to the other provided that such notice would not be given by the respondent to the applicant until the term of appointment had subsisted until at least the commencement of the long term."