Commonwealth v Amann Aviation Pty Ltd

JurisdictionAustralia Federal only
Neutral Citation1991-1212 HCA A,[1991] HCA 54
Date1991
Year1991
CourtHigh Court

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416 cases
2 firm's commentaries
  • In estimating damages, are overheads fixed and does it matter?
    • Australia
    • Mondaq Australia
    • 12 December 2012
    ...Western Web Offset Printers Ltd v Independent Media Ltd [1996] CLC 77 at [79] and The Commonwealth of Australia v Amann Aviation Pty Ltd [1991] HCA 54; 174 CLR 64 at 81. 2 Often profit is used as a surrogate for cash flows, but it is important to assess whether this is appropriate, as ultim......
  • Damages for breach of contract in NSW
    • Australia
    • Mondaq Australia
    • 4 July 2012
    ...for the defendant's breach of its contract with Thales. That rule was to be found in Commonwealth of Australia v Amann Aviation Pty Ltd (1991) 174 CLR 64, namely that the innocent party should be put in the same position it would have been in, if the contract had been Notably, McHugh J's po......
7 books & journal articles
  • CONTRACT DAMAGES AND THE PROMISEE'S ROLE IN ITS OWN LOSS.
    • Australia
    • Melbourne University Law Review Vol. 42 No. 2, January 2019
    • 1 January 2019
    ...Gaudron J agreeing at 525). Cf March (n 62) 534-6 (McHugh J); Bennett (n 62) 429-30 (McHugh J); Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64, 176 (McHugh (99) See, eg, Caterson (n 73), 110 (Gibbs J, Barwick CJ agreeing at 101, Menzies J agreeing at 105, Stephen J agreeing at 113)......
  • Contract Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2000, December 2000
    • 1 December 2000
    ...decision in Phang, at p 992: see at 710—711). The Australian High Court decision of Commonwealth of Australia v Amman Aviation Pty Ltd(1991) 174 CLR 64 was distinguished as being a case where there was a claim for reliance loss that had been proved instead: see at 712—713. Also distinguishe......
  • SUBSTITUTIVE DAMAGES AND MITIGATION IN CONTRACT LAW
    • Singapore
    • Singapore Academy of Law Journal No. 2016, December 2016
    • 1 December 2016
    ...Electric & Manufacturing Co Ltd v Underground Electric Railways Co of London Ltd[1912] AC 673 at 688–690, per Viscount Haldane LC. 61(1991) 174 CLR 64. 62Commonwealth of Australia v Amann Aviation Pty Ltd(1991) 174 CLR 64 at 82. 63 Richard Craswell, “Contract Remedies, Renegotiation, and th......
  • Prioritising Proof over Speculation: Resolving the Prospective Inability Problem in Contract Damages
    • United Kingdom
    • Wiley The Modern Law Review No. 86-4, July 2023
    • 1 July 2023
    ...from the pur-130 For detailed consideration of, and some support for, this possibility, see Commonwealth vAmannAviation Pty Ltd (1991) 174 CLR 64 (Amann).131 Adam Kramer,‘Proving Contract Damages’in Graham Virgo and Sarah Worthington (eds),Com-mercial Remedies:Resolving Controversies (Cambr......
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