[2012] NZEmpC 63 Rooney Earthmoving Ltd v McTague Whiting and Bartlet [pdf, 304 KB]
...been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it. [20] Mr Billington QC, now lead counsel for REL, cited McElroy Milne v Commercial Electronics Ltd. 10 The Court of Appeal in McElroy Milne accepted the classic statement from Hadley but noted that it was not to be regarded “as either Holy Writ or statute”. 11 The Court also accepted that the starting point and basic principle is that the injured pa...