Failure of contractual performance
Lunchtime Series 19 March, 2026
Jeffrey Goldberger, Contract Law Specialist; Emeritus Professor John Carter (Commentator); Hon Fabian Gleeson SC, 9 Selborne Chambers (Chair
Michael Crouch Room, NSW State Library, Level One, Mitchell Wing, Shakespeare Place
01:00PM to 02:00PM
The seminar will cover key remedial issues in the light of recent appellate authority.
• The limitations on the choice between restitution and damages for breach of contract
Tok v Rashazar [202]) NSWCA 94
• Causation, mitigation and consequential loss
Edwin Davey Pty Ltd v Boulos Holdings Pty Ltd [2022] NSWCA 65
• Expectation and reliance loss
Cessnock City Council v 123 259 932 Pty Ltd [2024] HCA 17
Tok v Rashazar [2025]
• Damages for distress and disappointment
Young v Chief Executive Officer (Housing) [2023] HCA 31
Elisha v Vision Australia Limited [2024] HCA 50