Clark v. Macourt
Lower Court Judgment
13/12/2012 Supreme Court of New South Wales (Court of Appeal) (Beazley JA, Barrett JA, Tobias AJA)
Civil Procedure – Damages – Assisted reproductive technology practice – Damages for breach of various warranties contained in the Deed relating to donor sperm – Proper categorisation of the contract – Whether the trial judge erred in not concluding that the respondent had fully mitigated her loss – Whether the respondent avoided the loss she otherwise would have sustained by having to replace the non-compliant sperm by charging her patients for the cost of replacement sperm.
Civil Procedure – Costs – Whether the respondent would have been entitled to indemnity costs if the award of damages was upheld in her favour.
10/05/2013 Hearing (SLA, Sydney)
22/05/2013 Notice of appeal
14/06/2013 Written submissions (Appellant)
14/06/2013 Chronology (Appellant)
05/07/2013 Written submissions (Respondent)
13/08/2013 Hearing (Full Court, Canberra)