Clark v Macourt

JurisdictionAustralia Federal only
CourtHigh Court
JudgeHayne J,Crennan,Bell JJ,Gageler J,Keane J
Judgment Date18 December 2013
Neutral Citation[2013] HCA 56,2013-1218 HCA A
Date18 December 2013
Docket NumberS95/2013
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20 cases
  • Crown Melbourne Ltd v Cosmopolitan Hotel (VIC) Pty Ltd and Another
    • Australia
    • High Court
    • 20 July 2016
    ...(2009) 236 CLR 272 at 286 [13]; [2009] HCA 8; Clark v Macourt (2013) 253 CLR 1 at 7 [10]–[11], 11 [26]–[27], 18–19 [59]–[61], 30 [106]; [2013] HCA 56. 98 Cosmopolitan Hotel (Vic) Pty Ltd v Crown Melbourne Ltd [2012] VCAT 225 99 Fish and Company (Vic) Pty Ltd v Crown Melbourne Ltd [2013] VCA......
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3 firm's commentaries
  • Damaged goods: High price paid for breach of warranty
    • Australia
    • Mondaq Australia
    • 4 April 2014
    ...unusual subject matter, donor sperm used in assisted reproductive technologies (ART), the majority High Court decision in Clark v Macourt [2013] HCA 56 confirms the manner in which damages are to be calculated for breach of The decision illustrates the importance of understanding the way in......
  • High Court says bargains are to be kept: Clark v Macourt [2013] HCA 56
    • Australia
    • Mondaq Australia
    • 15 March 2014
    ...of approximately $1.2 million, in the circumstances where the purchase price for the business was less than $400,000. In Clark v Macourt [2013] HCA 56, a five judge bench of the High Court was called upon to consider the competing approaches to the assessment of damages for breach of contra......
  • Top 20 news articles for 2014
    • Australia
    • Mondaq Australia
    • 5 February 2015
    ...& Safety PPS and leasing - the simplified version Property & Real Estate High Court says bargains are to be kept: Clark v Macourt [2013] HCA 56 Dispute Resolution & Regional Planning Interests Bill passed - a new layer of approval for resource projects in Queensland Planning &am......
3 books & journal articles
  • Clark v. Macourt: defective sperm and performance substitutes in the High Court of Australia.
    • Australia
    • Melbourne University Law Review Vol. 38 Nbr. 2, December - December 2014
    • 1 December 2014
    ...party incurs must be offset against any factual benefits that accrue to this party as a result of the actions taken in mitigation. * (2013) 304 ALR 220. (1) (1848) 1 Ex 850 , 855; 154 ER 363 , 365, quoted in Tabcorp Holdings Ltd v Bowen Investments Pty Ltd (2009) 236 CLR 272 , 286 [13] (......
  • Claims for the value of the lost contractual performance
    • Australia
    • University of Western Australia Law Review Nbr. 45-1, June 2019
    • 1 June 2019
    ...have occupied ‘but for’ the breach’s occurrence; a result alleged to offend ‘the compensatory principle’ said 1(2013) 253 CLR 1; [2013] HCA 56 (‘Clark’). to underpin contractual damages assessment. 2 This concern is misconceived, relying upon an impoverished interpretation of Parke B’s famo......
  • Property rights to our bodies and their products
    • Australia
    • University of Western Australia Law Review Nbr. 39-2, September 2015
    • 1 September 2015
    ...Western Australia, since 1982, a number of these issues have 83See the discussion of aspects of the Queensland regime in Clark v Macourt [2013] HCA 56. 68 University of Western Australia Law Review Volume 39(2) been answered by the Human Tissue and Transplant Act 1982 (WA) and Human Reprodu......

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