BestCare Foods Ltd v Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) [2013] NSWCA 285

BestCare Foods Ltd v Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) [2013] NSWCA 285

The Court determined that the question of the discount for contingencies to be applied to the loss of profit claims for the core business and the Nestlé, Safcol and Doane dealings in the period to 20 June 2008 did not fall within the scope of the remitter. The damages for these claims, including the 40% discount recommended by the referee, remain undisturbed as intended by the remitter.

Jurisdiction
Australia
Judgment Date
30 August 2013
Procedural Posture
Appeal / Determination of Separate Question Removed From Equity Division to Court of Appeal
Outcome
Separate question answered; proceeding remitted for determination of remaining issues; costs awarded to defendants.
Legal Topics
['scope of Remitter' 'damages Assessment' 'discount for Contingencies' 'lost Profits' 'court Appointed Referee Report' 'separate Question Procedure']
['tort Law' 'civil Procedure'] ['scope of Remitter' 'damages Assessment' 'discount for Contingencies' 'lost Profits' 'court Appointed Referee Report' 'separate Question Procedure']

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Procedural Posture

Appeal / Determination of Separate Question Removed From Equity Division to Court of Appeal

Legal Issues

  1. 1 ['Whether the discount for contingencies to be applied to the core business and Nestlé, Safcol and Doane dealings in the period to 20 June 2008 falls within the scope of the remitter ordered on 24 April 2013, as varied on 19 July 2013']

Ratio Decidendi

The Court determined that the question of the discount for contingencies to be applied to the loss of profit claims for the core business and the Nestlé, Safcol and Doane dealings in the period to 20 June 2008 did not fall within the scope of the remitter. The damages for these claims, including the 40% discount recommended by the referee, remain undisturbed as intended by the remitter.

Court Disposition

Separate question answered; proceeding remitted for determination of remaining issues; costs awarded to defendants.

Orders

  • ['The question of the discount for contingencies to be applied to the core business and the Nestlé, Safcol and Doane dealings in the period to 20 June 2008 does not fall within the scope of the remitter ordered on 24 April 2013, as varied on 19 July 2013; the discount for contingencies is as the referee recommended...