G R Finance Ltd v Barnden Partners Property Pty Ltd (in liq) (No 2) [2012] FCA 259

G R Finance Ltd v Barnden Partners Property Pty Ltd (in liq) (No 2) [2012] FCA 259

The affidavit of Philip John Boyle sworn 9 February 2012 properly set out the applicant's claim in regard to Loan 2, so the Court ordered a further $854,267.32 in damages, including interest accrued to 20 March 2012, to be paid by the second respondent to the applicant.

Jurisdiction
Australia
Judgment Date
20 March 2012
Procedural Posture
Application for Damages / Further Order on Damages After Judgment, Heard on the Papers
Outcome
Further damages ordered against the second respondent.
Legal Topics
['assessment of Damages' 'loan 2' 'interest']
['trade Practices' 'fair Trading' 'damages'] ['assessment of Damages' 'loan 2' 'interest']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Damages / Further Order on Damages After Judgment, Heard on the Papers

Legal Issues

  1. 1 ['Whether the applicant should receive further damages against the second respondent in relation to the loan described as Loan 2.']

Ratio Decidendi

The affidavit of Philip John Boyle sworn 9 February 2012 properly set out the applicant's claim in regard to Loan 2, so the Court ordered a further $854,267.32 in damages, including interest accrued to 20 March 2012, to be paid by the second respondent to the applicant.

Court Disposition

Further damages ordered against the second respondent.

Orders

  • ['The second respondent pay damages to the applicant pursuant to s 82 of the Trade Practices Act 1974 (Cth) and/or s 159 of the Fair Trading Act 1999 (Vic) in the amount of $854,267.32, additional to the damages ordered on 22 December 2011.' 'The applicant serve a copy of this order on the second respondent within...