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Contracts

Lobux Pty Ltd v Willshaun Pty Ltd

Lobux Pty Ltd v Willshaun Pty Ltd [2022] FCA 204

A Federal Court case about a custom-made tank sale, unfair contract terms, alleged repudiation, and failed damages claims after the buyer removed the tank before completion.

  • Unfair contract terms
  • Repudiation
  • Security interests
  • Loss of opportunity
  • Expert evidence admissibility
  • Unfair-contract-terms
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Consumer law

Chowder Bay Pty Ltd v Paganin

Chowder Bay Pty Ltd v Paganin [2017] FCA 332

The Federal Court dismissed claims of misleading or deceptive conduct arising from valuation reports and related syndicate documents in a resort development dispute.

  • Misleading or deceptive conduct
  • Valuation evidence
  • Joint venture dispute
  • Damages
  • Loss of opportunity
  • Defensive proceedings
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Privacy law

APV v Department of Finance and Services

APV v Department of Finance and Services [2016] NSWCATAD 168

The Tribunal awarded APV and APW $5,000 for privacy breach damages, finding some loss of opportunity but rejecting the larger claim. Each party bore its own costs.

  • Breach of privacy
  • Damages
  • Loss of opportunity
  • Causation in privacy breaches
  • Costs in tribunal proceedings
  • Privacy-law
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Contract law

OXS Pty Ltd v Sydney Harbour Foreshore Authority

OXS Pty Ltd v Sydney Harbour Foreshore Authority [2016] NSWCA 120

The Court of Appeal dismissed OXS Pty Ltd’s appeal, holding there was no binding agreement for lease and no further relief for misleading conduct.

  • Existence of contract
  • Agreement for lease
  • Ministerial consent
  • Commercial certainty
  • Misleading or deceptive conduct
  • Specific performance
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Professional negligence

Magjarraj v Firth

Magjarraj v Firth [2015] NSWCA 326

The Court of Appeal dismissed a professional negligence appeal against a solicitor, finding no proven negligence or loss and no need to decide advocate’s immunity.

  • Legal practitioner negligence
  • Advocate's immunity
  • Damages
  • Causation
  • Loss of opportunity
  • Professional-negligence
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Professional negligence

Carey v Freehills

Carey v Freehills [2013] FCA 954

The Federal Court dismissed a cross-claim alleging Freehills negligently advised Westpoint entities on promissory notes and breached duties to Mr Carey and related parties.

  • Solicitor negligence
  • Duty of care
  • Implied retainer
  • Managed investment schemes
  • Shareholder loss
  • Reflective loss
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Torts

Swan & Baker Pty Limited v Marando

Swan & Baker Pty Limited v Marando [2013] NSWCA 233

The Court of Appeal upheld damages against accountants who failed to warn clients of a cooling-off withdrawal right after the fund froze redemptions.

  • Accountant's failure to advise on cooling off period
  • Duty of care of accountants
  • Loss of opportunity
  • Scope of professional duty
  • Professional-negligence
  • Accountants
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Building and construction

2144 Broke Road v ACN 062 859 358

2144 Broke Road v ACN 062 859 358 [2010] NSWSC 489

The Supreme Court of NSW found defective building panels breached contract warranties, awarded rectification and relocation damages, and granted leave to proceed against the company in liquidation.

  • Assignment of cause of action
  • Breach of warranties
  • Damages for rectification
  • Relocation costs
  • Loss of opportunity
  • Prejudgment interest
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Professional negligence

Sinclair v SSET Constructions Pty Limited

Sinclair v SSET Constructions Pty Limited [2002] NSWCA 125

The Court of Appeal allowed a solicitor’s appeal, holding that a claimed loss of opportunity to buy property was too speculative to support damages.

  • Damages
  • Loss of opportunity
  • Causation
  • Assessment of damages
  • Professional-negligence
  • Loss-of-chance
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.