Full Court Minute Books

Case S95/2013

Clark v. Macourt

Case No.


Case Information

Lower Court Judgment

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

[2012] NSWCA 367


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


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)

26/07/2013 Reply

13/08/2013 Hearing (Full Court, Canberra)

18/12/2013 Judgment (Judgment summary)

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