Contract Law

Hungerfords v Walker (1989) 171 CLR 125

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Facts
  • Hungerford’s did Walker’s tax return but messed it up.
  • He needed to sue Hungerfords, but also wanted to claim interest
Held
  • Mason & Wilson JJ: Usually damages are awarded in restitutio
  • The damage caused by a circumstance like this is reasonably foreseeable
  • The rule that damages are awarded at the time of breach is the usual stance but not always
  • Brennan & Deane JJ: traditionally there has been no award of damages where it is interest on damages, not when the damages are the interest.
  • Dawson J (in dissent) damages are set at the time of breach

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