Full Court Minute Books

Case S315/2019

Berry & Anor v. CCL Secure Pty Ltd

Case No.


Case Information

Lower Court Judgment

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

[2019] FCAFC 81

[2019] FCAFC 92


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.


18/10/2019 Hearing (SLA, Sydney)

01/11/2019 Notice of appeal

05/12/2019 Written submissions (Appellants)

05/12/2019 Chronology (Appellants)

09/01/2020 Written submissions (Respondent)

30/01/2020 Reply

03/06/2020 Hearing (Full Court)

03/06/2020 Outline of oral argument (Appellants)

03/06/2020 Outline of oral argument (Respondent)

05/08/2020 Judgment (Judgment summary)