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Commonwealth of Australia v Amann Aviation Pty Ltd; HCA 12 Dec 1991

References: (1991) 66 ALJR 12, [1991] HCA 54, (1992) 174 CLR 64
Links: Austlii
Coram: Mason CJ, Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ
(High Court of Australia) In a claim for damages for breach of contract, wasted expenditure was claimed and there was a complex dispute as to what the consequences of performing the contract would have been.
Held: The law should not, when assessing damages, adopt an all-or-nothing balance of probability approach, and assume certainty where none in truth exists.
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