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Australia
Leading Case
uncategorized
TC Industrial Plant Pty Ltd v Robert's Queensland Pty Ltd
[1963] HCA 57; (1963) 180 CLR 130
Key Principle
A plaintiff may recover damages for breach of an implied condition as to fitness for purpose, but cannot recover both wasted expenditure and the loss of profits that the same expenditure was incurred to earn — to do so would double-count the loss.
Area of Law
c
Related Cases
Miller v The Queen [2016] HCA 30; (2016) 259 CLR 380 (Miller v The Queen; Smith v The Queen; Presley v DPP (SA))