High Court of Australia

Placer (Granny Smith) Pty Ltd v Thiess Contractors Pty Ltd [2003] HCA 10

77 ALJR 768; 196 ALR 257

11 Mar 2003

Case Number: P60/2001

Before

Gleeson CJ, McHugh, Kirby, Hayne, Callinan JJ

Catchwords

Damages – Breach of contract - Proof of damage - Calculation of damages - Joint venture mining contract - Respondent carried out mining operations for appellant - Rates based on genuine estimates of cost of operations - Respondent inflated cost estimates - Whether breach of contractual obligation of good faith - Whether sufficient evidence from appellant to prove damage - Whether sufficient evidence for trial judge to make a calculation of damages on proper principles - Significance of respondent's admission that cost estimates exceeded actual bona fide estimates of costs - Continuing obligation during litigation to correct fraudulent conduct.

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