Renown Corporation Pty Ltd v SEMF Pty Ltd [2022] NSWCA 233

A recent NSW Court of Appeal (NSWCA) decision, Renown, highlights the potential for IT providers that breach supply and installation contracts – and their insurers – to end up paying out higher damages awards.

Notably, the NSWCA found that the proper measure of damages involved assessing the reasonable costs when they were actually incurred or, if not incurred already, the reasonable costs as proved as at the trial. The decision also clarified issues of betterment, replacement systems and employee remuneration.

Kieran Doyle, Stephen Morrissey and Kaila Hart explain how this appeal decision provides useful guidance for IT providers (particularly software developers and suppliers) and their insurers regarding the assessment of damages where a breach of a supply and installation contract is established.

You can download the full case alert below.