Damages for breach of contract: it's all in the pleading

Given how fundamental the legal concept of damages is to breach of contract, many assume that the law in this area was well settled. However, as the recent High Court decision in Clark v Macourt demonstrates, there are a number of nuances that plaintiffs must bear in mind when pleading their case to avoid losing their entitlement to damages.

Background

In 2002, under an asset sale and purchase agreement, St George Fertility Centre Pty Limited (Vendor) agreed to sell various assets of its assisted reproductive technology practice, including a stock of frozen donated sperm to Dr Clark (Buyer). Dr Macourt (Guarantor) controlled the Vendor and guaranteed its obligations under the sale contract.