Ikon Communications Pty Ltd v Advangen International Pty Ltd [2018] NSWSC 1650

Supreme Court New South Wales

Medium Neutral Citation: Ikon Communications Pty Ltd v Advangen International Pty Ltd [2018] NSWSC 1650 Hearing dates: 10 to 14 and 17 to 20 September 2018 Decision date: 02 November 2018 Jurisdiction: Equity - Commercial List Before: Ball J Decision: See paragraphs [147] – [148] of this judgment. Catchwords: CONTRACTS – Misleading conduct under statute – Misleading or deceptive conduct – Predictions – Whether the impugned representations were misleading or deceptive – Remedies – Measure of damages – Cross-defendant's onus to prove benefits to cross-claimant caused by cross-defendant's unlawful conduct CONTRACTS – Breach of contract – Consequences of breach – Right to damages – Whether the claimed damages were expenditure incurred in the procurement or performance of the contract EVIDENCE – Opinion evidence – Exceptions – Expert opinion – Whether an opinion is wholly or substantially based on a witness' specialised knowledge Legislation Cited: Australian Consumer Law Therapeutic Goods Advertising Code 2015 (Cth) Cases Cited: Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 E K Nominees Pty Ltd v Woolworths Ltd [2006] NSWSC 1172 Robinson v Harman (1848) 1 Ex 850 at 855; 154 ER 363 Ruthol Pty Ltd v Tricon (Australia) Pty Ltd [2005] NSWCA 443 Tyco Australia Pty Ltd v Optus Networks Pty Ltd [2004] NSWCA 333 Category: Principal judgment Parties: Ikon Communications Pty Ltd (Plaintiff) Advangen International Pty Ltd (Defendant) Representation: Counsel: T Alexis SC with P Meagher (Plaintiff) JC Kelly SC with S Fendekian (Defendant)