Berry & Anor v. CCL Secure Pty Ltd
Case No.
S315/2019
Case Information
Lower Court Judgment
4/06/2019 Federal Court of Australia (McKerracher J, Robertson J, Lee J)
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.
Documents
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)