The pursuer made a loss and expense claim in global form in a construction dispute. He was unable to prove that all of his losses stemmed from the default.
Held: A global claim requires proof that each and every element of the loss claimed followed from the breach. Proof that any event not part of the fault caused any part of the loss would defeat the entire claim. However some common sense should be applied, and where individual losses demonstrably flowed from individual acts of default, a rational apportionment might still be possible.
Cited – John Holland Construction and Engineering Pty Ltd v Kvaerner R J Brown Pty Ltd 1996
(Supreme Court of Victoria) The defendant applied to strike out substantial parts of a statement of claim on grounds including that the defendant faced allegations that by reason of breaches of contract the plaintiff had suffered loss of damage, . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 October 2021; Ref: scu.170357