White Property Developments Ltd v Richmond Growth Pty Ltd & Ors [1998] FCA 1422

White Property Developments Ltd v Richmond Growth Pty Ltd & Ors [1998] FCA 1422

The trial judge erred in failing to consider certain admitted evidence relevant to quantum. On review, the Court increased the damages for lost opportunity to $960,000, applying an estimated probability based on available evidence. The Court also dismissed the s 52 Trade Practices Act claim as there was no evidence of misleading conduct causing loss. Project management fee claim was not further allowed. The trial judge's discretion regarding costs at trial was not interfered with.

Jurisdiction
Australia
Judgment Date
04 November 1998
Procedural Posture
Civil Appeal / On Appeal From a Judge of the Federal Court of Australia
Outcome
Appeal allowed in part; cross-appeals dismissed
Legal Topics
['breach of Contract' 'right of First Refusal' 'damages Assessment' 'misleading or Deceptive Conduct' 'costs']
['contract Law' 'trade Practices'] ['breach of Contract' 'right of First Refusal' 'damages Assessment' 'misleading or Deceptive Conduct' 'costs']

Case Brief

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Procedural Posture

Civil Appeal / On Appeal From a Judge of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether Richmond Growth breached contract by failing to provide White a right of first refusal' 'Assessment of damages for loss of right of first refusal' 'Whether respondents engaged in misleading or deceptive conduct under s 52 of the Trade Practices Act 1974' 'Entitlement to project management fees' "Appropriateness of trial court's costs order"]

Ratio Decidendi

The trial judge erred in failing to consider certain admitted evidence relevant to quantum. On review, the Court increased the damages for lost opportunity to $960,000, applying an estimated probability based on available evidence. The Court also dismissed the s 52 Trade Practices Act claim as there was no evidence of misleading conduct causing loss. Project management fee claim was not further allowed. The trial judge's discretion regarding costs at trial was not interfered with.

Court Disposition

Appeal allowed in part; cross-appeals dismissed

Orders

  • ['The appeal by White Property Developments Ltd against Richmond Growth Pty Ltd be allowed in part.' 'Orders made by Madgwick J on 23 March 1998 varied by substituting: (a) in order 3 the figure "$1,010,000" for "$250,000"; and (b) in order 4 the figure "$340,466" for "$84,274".' 'Otherwise the appeal dismissed.'...