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ARTICLE · 10 MAY 2023

Assessment Of Damages: Maximise Recovery, Minimise Liability

Vincent Young
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If a product supplied or installed falls short of what was contractually promised, the aggrieved party is generally entitled to claim damages. The recent New South Wales Court of Appeal decision...

AustraliaLitigation, Mediation & Arbitration
Brett Vincent
Brett Vincent

Case note – Renown Corporation Pty Ltd v SEMF Pty Ltd [2022] NSWCA 233

If a product supplied or installed falls short of what was contractually promised, the aggrieved party is generally entitled to claim damages. The recent New South Wales Court of Appeal decision in Renown Corporation Pty Ltd v SEMF Pty Ltd [2022] NSWCA 233 (Renown v SEMF) provides practical guidance on the timing for assessment of damages and allowance for "betterment".

Background

In 2014, SEMF contracted with Renown to supply and install a software system. The system installed by Renown was defective. SEMF claimed losses to replace the system with an upgraded version.

Timing for assessment of damages

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