Shah v Hagemrad [2018] FCAFC 148

Shah v Hagemrad [2018] FCAFC 148

The primary judge's assessment of damages was based on an incorrect understanding of the weekly takings, using a figure exclusive of GST when the evidence established average weekly takings inclusive of GST; the appellate court corrected the valuation and loss accordingly.

Jurisdiction
Australia
Judgment Date
13 August 2018
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
['misleading and Deceptive Conduct' 'assessment of Damages' 'contract for Sale of Business']
['commercial Law' 'corporations Law'] ['misleading and Deceptive Conduct' 'assessment of Damages' 'contract for Sale of Business']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the primary judge erred in calculation of damages by incorrectly using average weekly earnings exclusive of GST instead of inclusive of GST' 'Whether the findings of fact were inconsistent with incontrovertibly established facts' 'Power of appellate court to set aside findings']

Ratio Decidendi

The primary judge's assessment of damages was based on an incorrect understanding of the weekly takings, using a figure exclusive of GST when the evidence established average weekly takings inclusive of GST; the appellate court corrected the valuation and loss accordingly.

Court Disposition

Appeal allowed

Orders

  • ['The hearing of the appeal proceed generally as against the second respondent.' 'Order 1 of the orders made by the primary judge on 23 February 2018 be varied by deleting "$337,696" and substituting "$476,170.62".' "The respondents pay the appellant's costs of the appeal."]