The appellant appealed the quantum of damages awarded in its action for breach of contract regarding contaminated scaffolding equipment.
The trial judge had awarded damages based on a finding that 40% of the scaffolding had to be scrapped due to contamination.
The appellant argued that 100% of the scaffolding should have been deemed valueless.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's assessment of the conflicting expert evidence.
