Baldrudgery Nominees Pty Limited v Landmark Operations Limited [2019] NSWDC 564

District Court New South Wales

Medium Neutral Citation: Baldrudgery Nominees Pty Limited v Landmark Operations Limited [2019] NSWDC 564 Hearing dates: 5 – 8 August 2019 Date of orders: 26 August 2019 Decision date: 26 August 2019 Jurisdiction: Civil Before: Weber SC DCJ Decision: (1) Judgment and Verdict for the plaintiff in the sum of $48,420.

(2) Interest thereon at the rates prescribed from time to time pursuant to the provisions of section 100 of the Civil Procedure Act 2005 (NSW).

(3) Should either party wish to be heard on costs, they should indicate that wish by contacting my associate, such contact to be made no later than 14 days from today.

(4) In the absence of the parties wishing to be heard on costs, I order that the defendant pay the plaintiff's costs. Catchwords: CONTRACTS - Advice by defendant that plaintiff spray its lucerne crop with certain herbicides - Breach of Contract - Australian Consumer Law – Misleading or Deceptive Conduct – Statutory Guarantees – Negligence

CONTRACTS – Remedies – Damages – Causation – destruction of lucerne crop – hypothetical loss of grazing income – loss of profits – limited direct evidence of loss - causation substantially not satisfied Legislation Cited: Civil Procedure Act 2005 (NSW) Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law) Cases Cited: FAL Healthy Beverages Pty Ltd and FAL Retail Pty Ltd [2017] NSWSC 476 McCrohon v Harith [2010] NSWCA 67 Texts Cited: McGregor on Damages, (Sweet & Maxwell, 20th Ed, 2018) Category: Principal judgment Parties: Baldrudgery Nominees Pty Limited (Plaintiff) Landmark Operations Limited (Defendant) Representation: Counsel: Ms E. Peden (Plaintiff) Mr S. Gray (Defendant)