HUNTER BUSINESS FINANCE PTY LTD v AUSTRALIAN COMMERCIAL & EQUIPMENT FINANCE PTY LTD & ORS [2007] NSWSC 1323

New South Wales Supreme Court

CITATION : HUNTER BUSINESS FINANCE PTY LTD v AUSTRALIAN COMMERCIAL & EQUIPMENT FINANCE PTY LTD & ORS [2007] NSWSC 1323

HEARING DATE(S) : 11-12/10/2007

JUDGMENT DATE : 26 November 2007

JURISDICTION : Equity

JUDGMENT OF : Bryson AJ at 1

DECISION : Orders 1-5 in the Short Minutes of Order made 29 November 2007 are; 1. I certify and report that on inquiry I have assessed damages referred to in Order 1 of the Orders of 3 April 2003 at $10,000.00; 2. I certify and report that on inquiry I have assessed damages referred to in Order 2 of the Orders of 3 April 2003 at $661.56; 3. I certify and report that on inquiry I have assessed damages referred to in Order 3 of the Orders of 3 April 2003 at $16,500.00 inclusive of interest up to and including 13th September 2007; 4. I certify and report that interest should be paid on the amounts referred to in paragraphs 1 to 3 as follows:; (a) As to paragraph 1, from 1 November 2000; (b) As to paragraph 2, from 1 November 1996; and; (c) As to paragraph 3, from 14 September 2007; 5. I certify and report that the damages and interest to 29 November 2007 is as follows; (a) Order 1 of the Orders of 3 April 2003, in the sum of $16,681.44; (b) Order 2 of the Orders of 3 April 2003, in the sum of $1,370.46; and; (c) Order 3 of the Orders of 3 April 2003, in the sum of $16,848.08.

CATCHWORDS : DAMAGES - assessment of damages - Inquiry referred by Gzell J [2003] NSWSC 122 - finance broking house - three brokers left employment and set up rival business - breaches of contractual promises not to use confidential information about clients - consideration of loss imposed on plaintiff by defendants' dealings with clients being facilitated by availability of information contributing to clients taking business to them causing plaintiff loss of chance of obtaining their continuing business - loss of chance not open to mathematical calculation - assessed at $10,000.