Catchwords:
CONTRACTS – breach of contract – whether force majeure clause excused the appellant’s breaches – appellant bore the onus of establishing the applicability of the clause – clause provided an exception to, rather than a qualification of, the appellant’s promises
CONTRACTS – damages – whether damages for wasted expenditure or reliance damages can only be awarded where it is impossible to quantify expectation damages – Amann Aviation 174 CLR 64 – Court may award reliance damages where the evidence does not establish any loss of profits – evidence not sufficient to discharge appellant’s onus of proving it unlikely respondent would have earned sufficient revenue to cover its costs over the term of the contract
CONTRACTS – cross-claim for breach of separate contract – whether two contracts were interdependent such that appellant precluded from recovering amounts due under one if it did not fulfil its obligations under the other – two sets of agreements inextricably linked
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