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High Court, in breach of contract proceedings, delivers judgment only on the issue of assessment of damages due to the successful plaintiff motor dealer, and orders that damages are to be assessed as and from the termination date of the notice period under the dealership contract between the parties, on the grounds that to hold otherwise would permit the plaintiff to continue trading under the defendant's name for a further termination period of two years against the backdrop of these contested proceedings.
Assessment of damages - breach of contract - successful plaintiff's submissions - loss of profits for a period due to plaintiff's failure to satisfy High Court, in related injunction proceedings, that he did, at that time, have a strong case likely to succeed - termination of dealership contracts by defendant - damages to be assessed on basis of profits lost from specified date - defendant's counterclaim - direction to remove from plaintiff's premises the defendant's signage and trademarks - whether prejudicial to plaintiff rendering any appeal nugatory - legal principle applicable to damages for breach of contract - ruling - appropriate remedy is damages - bona fides cancellation of dealership contracts but a failure to give clear transparent reasons for such cancellation to plaintiff - termination notice was specifically not the subject of a court ordered declaration that same had been invalidly terminated - damages to be assessed on basis that contracts were terminated effectively in pursuance of the defendant's notice on 30th April 2013 - plaintiff entitled to damages to cover such losses for that period as a result of the defendant's breach of contract - plaintiff to cease use of trademarks and signage of defendant without delay.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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