Berry v CCL Secure Pty LtdCitation:[2020] HCA 27Before:Bell, Gageler, Keane, Nettle, Edelman JJDate:05 Aug 2020Case Number:S315/2019Read more

Berry v CCL Secure Pty LtdCitation:[2020] HCA 27Before:Bell, Gageler, Keane, Nettle, Edelman JJDate:05 Aug 2020Case Number:S315/2019Read more

The court held that the respondent's misleading or deceptive conduct induced the first appellant to give up the agreement, and the respondent could only avoid liability for damages if it established a real (not negligible) possibility that it would have lawfully terminated the agreement by other means.

Parties
Appellant: First Appellant; Respondent: Respondent
Jurisdiction
Australia
Judgment Date
05 August 2020
Procedural Posture
Damages Claim for Misleading or Deceptive Conduct / Judgment
Outcome
judgment for the appellants
Legal Topics
Misleading or Deceptive Conduct, Damages, Termination of Agreement
Commercial Law Consumer Protection Misleading or Deceptive Conduct Damages Termination of Agreement

Case Brief

Summary, issues, holding and outcome

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Parties

First Appellant

Appellant

Respondent

Respondent

Procedural Posture

Damages Claim for Misleading or Deceptive Conduct / Judgment

Legal Issues

  1. 1 Whether the respondent's misleading or deceptive conduct induced the first appellant to give up the agreement
  2. 2 Whether the respondent can contend that but for its conduct it would have lawfully terminated the agreement
  3. 3 Whether the presumption against wrongdoers applies

Ratio Decidendi

The court held that the respondent's misleading or deceptive conduct induced the first appellant to give up the agreement, and the respondent could only avoid liability for damages if it established a real (not negligible) possibility that it would have lawfully terminated the agreement by other means.

Court Disposition

judgment for the appellants

Orders

  • Damages awarded to the appellants referable to amounts payable had the agreement not been terminated.