LANDORO PTY LTD V. JENSEN PTY LTD APPEAL NO: 5783 OF 1998
Court of Appeal – QLD – 20 August 1999
FACTS
Landoro entered into a sub-contract with Jensen for work at the Brisbane Casino and Hotel site. Landoro told Jensen that it had cash flow problems and needed to be paid promptly.
Jensen later agreed to pay $185,000 to Landoro for accelerating the work, and Jensen was told that the acceleration would strain the financial resources of Landoro. Landoro went into administration after Jensen refused to pay for variations or for the acceleration.
Landoro issued legal proceedings against Jensen for breach of contract and misleading and deceptive behavior.
ISSUE
Landoro wanted to amend its claim to include in its claim for damages to include the costs incurred by Landoro in going into administration and its costs of getting finance for litigation.
FINDING
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