17 Dec 2019
Under s43 FTA the proper measure of loss in these circumstances is diminution in value between the purchase price and the 'as‑is' market value at the time of contract; plaintiff contributed to loss by failing to obtain a building report and committee minutes and damages are reduced by 15%; plaintiff awarded diminution after reduction plus general damages of $25,000, interest and costs.
18 Dec 2017
The Court found the defendants' attendances on 28–31 October 2016 were truly wasted; responsibility for the wasted costs was apportioned 40% to Claims Resolution Service Ltd (CRSL), 40% to Grant Shand and 20% to the plaintiff Bligh; CRSL and Grant Shand were not mere passive funders and therefore can be ordered to contribute; IAG was awarded 25% of earlier preparation costs as wasted (by reference to actual reasonable solicitor/client costs) and full recovery for the 28–31 October 2016 wasted attendances; EQC was awarded actual reasonable solicitor/client costs and disbursements for 28–31 Oct…