Supreme Court - Trial Division

Vision Eye Institute Ltd & Anor v Kitchen & Anor (No 2) [2015] QSC 066 (09/10366) Applegarth J 21 April 2015

Full-text: QSC15-066.pdf


DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR BREACH OF CONTRACT – REMOTENESS AND CAUSATION – LOSS OF PROFITS – where an ophthalmologist wrongfully terminated his service agreement with a company – where the wrongful termination caused the closure of two practices owned by the company – whether damages for loss of practices and the opportunity to continue to derive earnings from them should include income from new forms of treatment for macular degeneration – how the company’s lost opportunity to continue the two practices and to derive earnings from them should be assessed – what is the most appropriate assessment of the company’s loss and damage

DEEDS – ESCROW – GENERALLY – where the defendants own shares in a company – where the shares are held in escrow under the terms of a deed – where the defendants were found to not be entitled to the release of the shares – where the company does not intend to exercise its buy back rights in respect of those shares which would have allowed the defendants to receive an agreed proportion of the sale proceeds – where the shares could remain in escrow in perpetuity – whether the shares should be released from escrow to be sold by the company on behalf of the defendants and the agreed proportion of the proceeds applied in reduction of one of the defendant’s liability in damages to the company