Supreme Court - Trial Division

Dreamtea Pty Ltd v Ochkit Pty Ltd & Anor; Mistranch Pty Ltd & Ors v Ochkit Pty Ltd & Anor [2017] QSC 009 (10/1) Henry J 13 February 2017

Full-text: QSC17-009.pdf


CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – BREACH OF CONTRACT– where invoices not paid on time – where invoices not paid – whether breach occurred – where a declaration as to a caveat was sought – whether the plaintiff is entitled to a declaration of caveat

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR BREACH OF CONTRACT – REMOTENESS AND CAUSATION – where compensatory damages sought – where nominal damages sought – where loss of use of monies claimed – where damages for forced sale of property claimed – whether particular damages sought were claimable

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – AGENCY – COSTS – PARTIES AND NON-PARTIES – NON-PARTIES – OTHER CASES – where costs were incurred defending a negligence claim – where defendant was not a party to that claim – whether the agent indemnifies the principle as to costs incurred in defending the claim