Berry & Anor v. CCL Secure Pty Ltd

Lower Court Judgment

4/06/2019 Federal Court of Australia (McKerracher J, Robertson J, Lee J)

[2019] FCAFC 81

[2019] FCAFC 92

Catchwords

Trade practices – Misleading and deceptive conduct and fraud – Measuring damages – Where misleading, deceptive and fraudulent conduct used to obtain signature terminating Agency Agreement – Whether damages to be assessed pursuant to s 82 of Trade Practices Act 1974 (Cth) – Whether person guilty of misleading and deceptive conduct and fraud cannot be heard to say that lawful means were available for inflicting same harm – Whether, for purposes of reducing damages, respondent failed to discharge onus of proving possibility or probability of lawful means being used to end Agency Agreement.