Gallagher v Masters Installation Pty Ltd [2017] NSWCATAP 117

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gallagher v Masters Installation Pty Ltd [2017] NSWCATAP 117 Hearing dates: 14 November 2016 Date of orders: 24 May 2017 Decision date: 24 May 2017 Jurisdiction: Appeal Panel Before: Lionel Robberds QC, Senior Member T Simon, Senior Member Decision: The appeal is dismissed Catchwords: Breach of contract – damages - discharge of onus of proof – what evidence is sufficient – no application of the difficulty in estimating damages rule – costs – no special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Biggin and Co Ltd v Permonite Ltd (1952) 1 KB 422 Clark v Macourt (2013) 304 ALR 220 Gerrard v Slamar [2014] WASCA 253 Jones v Schiffman (1991) 124 CLR 303 The Commonwealth of Australia v Amann Aviation Pty Ltd (1991) 174 CLR 64 Texts Cited: Carter on Contract Category: Principal judgment Parties: Alissa Michelle Gallagher (appellant) Masters Installation Pty Ltd (respondent) Representation: C Johnston (appellant's agent) G Rawling (respondent's agent) File Number(s): AP 16/39778 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 21 July 2016 Before: P Boyce, Senior Member File Number(s): GEN 16/14259