Bechara v Campbell-Williams [2011] NSWCA 177

Bechara v Campbell-Williams [2011] NSWCA 177

It was reasonably arguable at the time the proceedings were commenced that a loss of chance to recover was a compensable head of damage caused by the alleged unconscionable conduct. The trial judge did not err in refusing a personal costs order against the respondent under s 99(2)(c) of the Civil Procedure Act 2005.

Parties
Applicant: Licha Bechara; Applicant: Cameel Bechara; Applicant: Maria Bechara; Applicant: Giselle Bechara; Applicant: Dianne Bechara; Applicant: Herberton Enterprises Pty Limited; Respondent: David Campbell-Williams
Jurisdiction
Australia
Judgment Date
27 June 2011
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Costs, Unconscionable Conduct, Loss of Chance, Causation, Statutory Remedies
Civil Procedure Contract Trade Practices Costs Unconscionable Conduct Loss of Chance Causation Statutory Remedies

Case Brief

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Parties

Licha Bechara

Applicant

Cameel Bechara

Applicant

Maria Bechara

Applicant

Giselle Bechara

Applicant

Dianne Bechara

Applicant

Herberton Enterprises Pty Limited

Applicant

David Campbell-Williams

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal

Legal Issues

  1. 1 Whether claim was brought without reasonable cause under Civil Procedure Act 2005, s 99(1)(b)
  2. 2 Whether loss of chance arguably constitutes damage for an unconscionable conduct claim under s 51AA Trade Practices Act 1974 (Cth)
  3. 3 Whether there was a sufficient causal link between unconscionable conduct and alleged loss

Ratio Decidendi

It was reasonably arguable at the time the proceedings were commenced that a loss of chance to recover was a compensable head of damage caused by the alleged unconscionable conduct. The trial judge did not err in refusing a personal costs order against the respondent under s 99(2)(c) of the Civil Procedure Act 2005.

Court Disposition

Appeal dismissed

Orders

  • Order that the appellants file a notice of appeal in the form of the draft notice of appeal initialled by Bathurst CJ and placed with the papers within fourteen days
  • Dismiss the appeal