Nagy, Gabor Martin & Anor v Masters Dairy Ltd [1997] FCA 1410

Nagy, Gabor Martin & Anor v Masters Dairy Ltd [1997] FCA 1410

Damages were assessed by rejecting unsupported assumptions for further economic growth, per capita milk consumption and extra business, sustaining only the 1994/1995 post-Woolworths sales level, allowing reductions for loss of Brownes' products and reduced supermarket white milk margins, treating the son's wages as not excessive, and refusing to deduct DAAS payments because they were independent statutory and contractual assistance for leaving the deregulated industry subject to restraint of trade, not payments in reduction of the respondent's liability for misleading conduct. On that basis the applicants' damages were $169,443 plus interest at 8 per cent per annum from 19 February 1995...

Jurisdiction
Australia
Judgment Date
12 December 1997
Procedural Posture
Trade Practices Damages Claim for Misleading or Deceptive Conduct Causing Loss of Commercial Opportunity / Assessment of Damages Following Earlier Finding of Breach of S 52 of the Trade Practices Act (1974) (cth)
Outcome
Damages assessed for the applicants in the sum of $169,443, with DAAS payments not off-set and interest to be calculated at 8 per cent per annum from 19 February 1995 to judgment; matter set down for final orders.
Legal Topics
['misleading or Deceptive Conduct' 'assessment of Damages' 'loss of Opportunity to Contract' 'loss of Profits' 'statutory Payments and Set Off' 'expert Evidence' 'interest']
['trade Practices' 'damages' 'mitigation of Loss'] ['misleading or Deceptive Conduct' 'assessment of Damages' 'loss of Opportunity to Contract' 'loss of Profits' 'statutory Payments and Set Off' 'expert Evidence' 'interest']

Case Brief

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Procedural Posture

Trade Practices Damages Claim for Misleading or Deceptive Conduct Causing Loss of Commercial Opportunity / Assessment of Damages Following Earlier Finding of Breach of S 52 of the Trade Practices Act (1974) (cth)

Legal Issues

  1. 1 ['Whether earlier preliminary findings on economic growth and additional business should be varied for the damages assessment.' 'Whether the effect of the Woolworths supermarket justified future growth assumptions or only sustained the 1994/1995 level of sales.' "Whether changes in per capita milk consumption, economic growth, and other asserted factors supported the applicants' expert calculations." "Whether the applicants' son's wages should be added back as excessive." 'Whether Dairy Adjustment Assistance Scheme payments received from the Dairy Industry Authority should be deducted from damages.' 'How damages and interest should be computed.']

Ratio Decidendi

Damages were assessed by rejecting unsupported assumptions for further economic growth, per capita milk consumption and extra business, sustaining only the 1994/1995 post-Woolworths sales level, allowing reductions for loss of Brownes' products and reduced supermarket white milk margins, treating the son's wages as not excessive, and refusing to deduct DAAS payments because they were independent statutory and contractual assistance for leaving the deregulated industry subject to restraint of trade, not payments in reduction of the respondent's liability for misleading conduct. On that basis the applicants' damages were $169,443 plus interest at 8 per cent per annum from 19 February 1995...

Court Disposition

Damages assessed for the applicants in the sum of $169,443, with DAAS payments not off-set and interest to be calculated at 8 per cent per annum from 19 February 1995 to judgment; matter set down for final orders.

Orders

  • ['The matter be set down for final orders at 9.15am on 19 December 1997.' 'Damages should be awarded in the sum of $169,443.' 'Interest is to be calculated at 8 per cent per annum on $169,443 from 19 February 1995 to the date of judgment.']