NSW Caselaw
New South Wales Supreme Court
CITATION : Lime Telecom Pty Limited v Powertel Limited [2009] NSWSC 590
HEARING DATE(S) : 1/06/09, 2/06/09, 5/06/09, 12/06/09
JUDGMENT DATE : 26 June 2009
JURISDICTION : Equity Division Commercial List
JUDGMENT OF : Einstein J
DECISION : Award of damages to be made to the plaintiff: see reasons paragraph 181 and 182.
CATCHWORDS : Plaintiff supplier of prepaid and international telephone calling clients in Australian market - Defendant supplier of telecommunications services in Australia repudiates contractual arrangements by disconnecting services it had provided to the plaintiff - Principles governing the awarding of damages - Plaintiff's damages claim for loss of gross profit and for loss of goodwill - Consideration of lost revenue and gross margin - Industry standard approach compared with capitalisation of future maintainable earnings approach - Evidence that plaintiff use best endeavours to retain their business and goodwill and in doing so offered credits to clients in hope that customers would remain customers of plaintiff - No exactness can be achieved in the task of awarding compensation for future economic loss - Identifying and categorising vast goodwill as constituting customer loyalty in subject products - Consideration of types of loyalty from customers being regarded as valuable assets
CATEGORY : Principal judgment
Bennett v Minister of Community Welfare (1992) 176 CLR 408; (1992) 107 ALR 617 Benward Pty Ltd & Ors v Metal Deck Roofing Pty Ltd & Ors [2001] NSWSC 1053 Chaplin v Hicks, [1911] 2 KB 786 Commonwealth of Australia v Amann Aviation Pty Ltd (1991) 174 CLR 64 Fink v Fink (1946) 74 CLR 127 Kitchen v Royal Air Force Association [1958] 1 WLR 563 Malec v J C Hutton Pty. Ltd (1990) 169 CLR 638 ; 92 ALR 545 CASES CITED : Mallett v McMonagle [1970] AC 166 Multi-Malls Inc v Tex-Mall Properties Ltd (1980) 108 DLR (3d) 399 Penvidic Contracting Co Ltd v International Nickel Co of Canada Ltd [1976] 1 SCR 267 Prior v McNab (1976) 78 DLR (3d) 319 Sapwell v Bass [1910] 2 KB 486 Sellars v Adelaide Petroleum NL (1994) 179 CLR 332 Trio Insulations Pty Limited v Metal Deck Roofing Pty Limited [2002] NSWCA 294 Wood v Grand Valley Railway Co (1915) 51 SCR 283
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate