WHAT WE ACHIEVED
“The Court partially allowed the appeals of both the Plaintiff and the Defendant. By virtue of the partial success of both parties, the Court also made no order as to costs hence both parties were liable for their own costs.”
[Damages – assessment of damages, whether the defendant should take over the subject matter of the case “as is where is”]
Mr Silvester argued for the Defendant in its appeal for the assessment of damages to be paid to the Plaintiff pursuant to the decision of the previous trial judge. The case was regarding the assessment of damages for the total constructive loss of Although the outlook was bleak as the trial judge largely decided on the case based on issues of fact previously presented to the Court, Mr Silvester still attempted to appeal for the assessment of damages to be lowered by also adducing the evidence of an expert witness for the Defendant.
Ultimately, although the Defendant’s appeals for the assessment of damages were unsuccessful, the Court still allowed for the Defendant to keep the crane “as is where is” as the award was for damages in full. Thus, this allowed the Defendant to keep the crane as it is in its current condition which is the silver lining in this case despite unsuccessfully attempting to argue for the reduction in the assessment of damages for the total constructive loss of the value of the crane.