Event and Time
Event Description
- Case: Euromark Limited v Smash Enterprises Pty Ltd & Ors [2021] VSC 97
- Date of Initial Judgment: March 9, 2021
- Date of Remitter Hearing: April 6, 2023
- Relevant Appeal Decision: Smash Enterprises Pty Ltd v Euromark Ltd [2022] VSCA 267
Application and Claims
- Euromark seeks damages for:
1. Expectation damages for loss of bargain for Year 2 and Year 3 of the Agreement. 2. Expectation damages for loss of bargain for Year 4 on a loss of opportunity basis.
- Claims revolve around breaches of contract by Smash Enterprises, which led to the termination of the agreement.
Judicial Decisions
- At the initial trial, it was concluded that Smash committed repudiatory breaches of the agreement and that Euromark was entitled to terminate the agreement.
- Following the appeal, it was determined that a thorough assessment of Euromark's damages was necessary, which was conducted during the remitter hearing in 2023.
Dispute Points and Legal Basis
Dispute Points
- Euromark's Position: Argues that it is entitled to loss of profits for the remaining years of the agreement and a potential extension, based on opportunistic loss calculations.
- It claims damages based on expert testimony and economic projections despite the lack of precise evidence regarding actual sales.
- Smash's Position: Contends that:
- Euromark failed to prove any significant loss or the volume of sales for each year. - New claims brought up during the remitter, such as redundancy costs, were not previously presented and thus should not be considered.