Clark v. Macourt

Lower Court Judgment

13/12/2012 Supreme Court of New South Wales (Court of Appeal) (Beazley JA, Barrett JA, Tobias AJA)

[2012] NSWCA 367

Catchwords

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.

Short Particulars