Read the full judgment text of HCA 11135/1997 on BabelCite. This High Court CFI judgment was delivered on 12 January 2005.
1. This matter came before me for trial over six days commencing on 24 July 2004. By a reserved decision delivered on 23 August 2004, I found that Park Avenue had established its claim for breach of contract against Candy Novelty, but that Park Avenue’s failure to mitigate its loss resulted in there being no award of damages against Candy Novelty. For reasons given in that decision I made an order nisi that each party should bear its own costs. Candy Novelty now seeks to vary the order for co
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