Federal Court of Australia
Federal Court of Australia
Gold Titan Pty Ltd v Lopez (No 3) [2022] FCA 1426 File number: NSD 1924 of 2019
Judgment of: ABRAHAM J
Date of judgment: 30 November 2022
Catchwords: DAMAGES – assessment of damages for breach of contractual obligation of confidentiality and equitable obligation of confidence – assessment of damages under s 236 of the Australian Consumer Law – where matter remitted to primary judge for further reasons – where limited evidence before the Court
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 s 236
Cases cited: General Tire and Rubber Company v Firestone Tyre and Rubber Company Ltd (1976) 93 RPC 197 Generic Health Pty Ltd v Bayer Pharma Aktiengessellschaft [2018] FCAFC 183; (2018) 267 FCR 428 Gold Titan Pty Ltd v Lopez [2021] FCA 918 Gold Titan Pty Ltd v Lopez (No 2) [2021] FCA 1523 Lopez v Gold Titan Pty Ltd [2022] FCAFC 117 McRae v Commonwealth Disposals Commission (1951) 84 CLR 377 Searle v Commonwealth of Australia [2019] NSWCA 127; (2019)100 NSWLR 55
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 41
Date of last submission: 9 November 2021
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr M R Hall SC
Solicitor for the Applicant: Banki Haddock Fiora
Counsel for the Respondents: Mr J P Knackstredt
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