Harvard Nominees Pty Ltd v Tiller (No 4) [2022] FCA 105

Federal Court of Australia

Harvard Nominees Pty Ltd v Tiller (No 4) [2022] FCA 105 File number: WAD 250 of 2019

Judgment of: JACKSON J

Date of judgment: 16 February 2022

Catchwords: PRACTICE AND PROCEDURE - hearing on remitter from appeal - principles to be applied on remitter - interpretation of remitting judgment - extent to which an order setting aside dismissal of a claim allows that claim - issue estoppel - Anshun estoppel - whether issue should have been raised at appeal level CONSUMER LAW - misleading or deceptive conduct - remedies - statutory rescission relief sought under s 237 and s 243 of Australian Consumer Law - date of statutory rescission - relevance of date of statutory rescission to damages - date of statutory rescission to fulfil compensatory purpose - conditions on statutory rescission - unwinding of only part of a suite of transactions CONSUMER LAW - misleading or deceptive conduct - remedies - damages sought under s 236 of Australian Consumer Law - valuation of lost opportunity - discount for contingency - deductions bringing benefits received to account - onus of proof in relation to deductions PRACTICE AND PROCEDURE - pre-judgment interest on damages - interest rate applicable

Legislation: Competition and Consumer Act 2010 (Cth) Schedule 2 (Australian Consumer Law) ss 2, 18, 236, 237, 243 Federal Court of Australia Act 1976 (Cth) ss 28, 51A Judiciary Act 1903 (Cth) s 37 Trade Practices Act 1974 (Cth) ss 52, 87 Federal Court Rules 2011 (Cth) r 39.05 Fair Trading Act 2010 (WA) ss 19, 24