Hosmer Holdings Pty Ltd & Ors v C.A.J. Investments Pty Ltd [1995] FCA 743

Hosmer Holdings Pty Ltd & Ors v C.A.J. Investments Pty Ltd [1995] FCA 743

Damages for loss of opportunity are to be discounted to reflect real contingencies that may have prevented the opportunity from being realized in full; on the evidence, the proper sum is $55,000 plus interest, not the full claimed amount.

Parties
Applicants: Hosmer Holdings Pty Ltd & Ors; Respondent: C.A.J. Investments Pty Ltd
Jurisdiction
Australia
Judgment Date
18 September 1995
Procedural Posture
Damages Claim Under Trade Practices Act S82 / Judgment and Orders Following Further Evidence and Submissions on Damages
Outcome
Judgment for the applicants with damages and partial costs awarded.
Legal Topics
Damages, Loss of Commercial Opportunity, Section 82 Trade Practices Act, Calculation of Damages
Trade Practices Contract Damages Loss of Commercial Opportunity Section 82 Trade Practices Act Calculation of Damages

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Parties

Hosmer Holdings Pty Ltd & Ors

Applicants

C.A.J. Investments Pty Ltd

Respondent

Procedural Posture

Damages Claim Under Trade Practices Act S82 / Judgment and Orders Following Further Evidence and Submissions on Damages

Legal Issues

  1. 1 Assessment of damages for loss of opportunity under s82 of Trade Practices Act
  2. 2 Whether and how damages should be discounted for contingencies in past hypothetical events

Ratio Decidendi

Damages for loss of opportunity are to be discounted to reflect real contingencies that may have prevented the opportunity from being realized in full; on the evidence, the proper sum is $55,000 plus interest, not the full claimed amount.

Court Disposition

Judgment for the applicants with damages and partial costs awarded.

Orders

  • The respondent pay the applicants $55,000 by way of damages and $13,525 in interest.
  • The respondent pay nine tenths of the applicants' costs.