NSW Caselaw
New South Wales Supreme Court
CITATION : Abigroup Contractors v Sydney Catchment Authority [2007] NSWSC 220
HEARING DATE(S) : 1 March 2007
JUDGMENT DATE : 16 March 2007
JUDGMENT OF : McDougall J at [1]
DECISION : See paras [67] to [69] of judgment
CATCHWORDS : DAMAGES - where tender and contract induced by misleading or deceptive conduct - measure of damages - no question of principle
Civil Procedure Act 2005 LEGISLATION CITED : Fair Trading Act 1987 Trade Practices Act 1974
PARTIES : Abigroup Contractors Pty Limited (Plaintiff) Sydney Catchment Authority (Defendant)
FILE NUMBER(S) : SC 55045/01
COUNSEL : S A Kerr / B A Arste (Plaintiff) M Dempsey SC/ J A Steele (Defendant)
SOLICITORS : Clayton Utz (Plaintiff) Phillips Fox (Defendant)
Abigroup Contractors v Sydney Catchment Authority [2007] NSWSC 220
INDEX TO JUDGMENT
Para
Procedural History 2 Factual Background 6 The three scenarios 14 The issues 21 First issue: what did the Court of Appeal remit? 25 Second issue: the appropriate measure of loss 32 The applicable principles 32 The competing approaches 33 The "what if" question 37 The evidence 39 Conclusion on the "what if" question 54 Proof of rates 57 Relief 61 Conclusion and order 67
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY AND CONSTRUCTION LIST
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