NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: BestCare Foods v Origin Energy [2012] NSWSC 574 Hearing dates: 21/05/2012, 22/05/2012, 23/05/2012, 24/5/2012 Decision date: 31 May 2012 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: Report to be adopted, save for two paragraphs and with one variation. Parties to bring in orders. Catchwords: [PROCEDURE] - civil - discretion to adopt a referee's report pursuant to UCPR r 20.14 - whether referee's report, as to the amount of damages suffered by the plaintiffs, should be adopted, varied or rejected - whether referee erred in assessing the value of the loss of the opportunity to benefit from a contract.
[DAMAGES] - torts - negligence - loss of opportunity - standard of proof - whether court is required to asses the degree of probability of occurrence of the opportunity and reflect that degree of probability in the award of damages. Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Supreme Court Rules 1970 Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Armory v Delamirie (1722) 1 Strange 506; 93 ER 664 BestCare Foods Ltd & Anor v Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) & Anor [2011] NSWSC 908 Chocolate Factory Apartments v Westpoint Finance [2005] NSWSC 784 Houghton v Immer (No. 155) Pty Ltd (1977) 44 NSWLR 46 Hungry Jack's v Burger King [1999] NSWSC 112 Hungry Jack's v Burger King [2001] NSWCA 187 Malec v JC Hutton Pty Limited (1990) CLR 638 Mallett v McMonagle [1970] AC 166 Sellars v Adelaide Petroleum NL (1994) 179 CLR 332 Silverbrook Research Pty Ltd v Lindley [2010] NSWCA 357 Spencer v The Commonwealth of Australia (1907) 5 CLR 418 Tabet v Gett (2010) 240 CLR 537 Category: Principal judgment Parties: BestCare Foods Limited (Plaintiff) BestCare Foods (Sales) Pty Limited (Second Plaintiff) Origin Energy LPG Limited (formerly Boral Gas (NSW) Pty Limited) (First Defendant) Origin Energy Retail Limited (Second Defendant) Representation: Counsel: B J Sullivan QC / M L Williams SC / D S Weinberger / S A Lawrance (Plaintiffs) B W Walker SC / E Romaniuk / B Smith / C G Catt / R D Glover (Defendants) Solicitors: McCabe Terrill Lawyers (Plaintiffs) HWL Ebsworth Lawyers (Defendants) File Number(s): 2005/270917
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