Assessment of damages for breach of contract
May 2009 |In Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8, the High Court recently upheld an award for damages in the amount of $1.38 million in favour of the lessor of premises. These premises were altered by a tenant without the lessor's prior written approval. The court preferred the cost of rectification, as opposed to the diminution in value, as the appropriate measure of damages for the loss sustained as a result of the tenant's breach.
Mark Brookes, Partner | mbrookes@carternewell.com
Commercial Dispute Resolution Newsletter, May 2009
