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Marks v GIO Australia Holdings

[1998] HCA 69
Judgment date
Case number
S37/1997
Before
Gaudron, McHugh, Gummow, Kirby, Hayne , Callinan JJ
Catchwords

Trade Practices – Misleading or deceptive conduct – Damages – Measure of damages – Whether analogous with damages in tort or contract – Distinction between "expectation" and "reliance" loss – Whether loss or damage suffered or likely to be suffered – Whether damage caused "by conduct of" defendant.

Words and Phrases – "loss or damage", "injury", "likely to suffer".

Trade Practices Act 1974 (Cth) – ss 4K, 52, 82, 87.