Matthew and Anna made plans to marry in the historic Botanic Gardens (BG) in Melbourne with a scenic view of Yarra River. Anna's father Brian paid the BG Secretary the standard hire fee of $2000 in advance for its use for three hours from 1.00pm to 4.00pm on Sunday 2nd February 2014. The wedding was due to begin at 1.30pm as arranged. However their wedding plans went badly astray.
- Botanic Garden employee had mistakenly double-booked the 1.00pm to 4.00pm time slot at the same location. The other people arrived early, well before 1.00pm, and quickly took up possession of their site.
- Since it was a hot summer's day, all the guests had to stand under the shady trees in the park for about an hour.
- A much shorter than planned wedding ceremony went ahead at 3.00pm under the temporary shed which was arranged by a friend of Matthew using his contacts.
Matthew, Anna and her father Brian now plan to take legal action in the courts against Botanic Gardens and sue for damages in contract as follows:
- $3,000 for recovery of the standard hire fee;
- $1,500 for hiring the tent, paid for by Matthew's friend;
- $5,000 for the wedding photographer loss of time.
- $40,000 for general distress and disappointment at the wedding not proceeding as planned.
Required:
Advise Matthew, Anna and Brian as to whether the various proposed damages claims for a breach of contract are likely to be successful. Give reasons and explanation for your advice. Support your answers with legislation and cases.