Federal Court of Australia
SUPREME COURT OF NORFOLK ISLAND
Forrester v Island Industries Pty Ltd [2010] NFSC 1 Citation: Forrester v Island Industries Pty Ltd [2010] NFSC 1
Parties: JOHN KENNETH FORRESTER v ISLAND INDUSTRIES PTY LTD and JOHN TERENCE BROWN
File number(s): SC 4 of 2008
Judge: DOWNES J
Date of judgment: 16 February 2010
Catchwords: CONTRACT – breach – agreement to restore quarried land – liquidated damages clause – owners satisfaction test – meaning – implied qualifications – damages – assessment EVIDENCE – expert evidence – concurrent evidence – conflicting expert opinions.
Cases cited: Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 Associated Provincial Picture House, Limited v Wednesbury Corporation [1948] 1 KB 223
Date of hearing: 3-5 August 2009; 2-6 November 2009
Place: Norfolk Island and Sydney
Division: GENERAL DIVISION
Number of paragraphs: 136
Counsel for the Plaintiff: Mr G Lindsay SC
Counsel for the Plaintiff: Mr A Lo Surdo
Solicitor for the Plaintiff: Mr H Snow
Counsel for the First and Second Defendants: Mr G Blake SC
Counsel for the First and Second Defendants: Mr P Doyle Gray
Counsel for the First and Second Defendants: Ms S Fendekian
Solicitor for the First and Second Defendants: Mr J Brown
IN THE SUPREME COURT OF norfolk island
GENERAL DIVISION
SC 4 of 2008
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