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Home > Qld Judgments > Supreme Court: Court of Appeal 2005 > Pacific Century Production P/L v Tysoe & Anor t/a Lyndee Transport [2005] QCA 189

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[Full-text PDF] Pacific Century Production P/L v Tysoe & Anor t/a Lyndee Transport [2005] QCA 189 (04/9451) Brisb McPherson JA Williams JA Jerrard JA 3/06/2005

Catchwords

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – INTERFERENCE WITH JUDGE’S FINDING OF FACT - FUNCTION OF APPELLATE COURT – WHERE FINDINGS CLEARLY WRONG – GENERALLY – where appellant constructed roads on a farm property owned by respondent – respondent awarded rectification costs by District Court judge for negligently constructed roads – whether the learned trial judge erred in calculating the cost of rectification over a greater distance of road than in fact constructed by the appellant

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMEDIES FOR BREACH OF CONTRACT – DAMAGES – where two options available to rectify the road – whether the learned trial judge erred in allowing the respondent to recover on the augmentation/reconstruction option rather than the augmentation option