17 Sept 2009
BEST OF LUCK LTD V DIAMOND BAY INVESTMENTS LTD (IN LIQUIDATION) AND ANOR HC AK CIV-2007-404-002043
- Citation
- openlaw-370ba7dd_eb90_462c_b2f9_0ac5991f43b6.pdf
- Court
- High Court
The pleaded heads of damage in paragraphs 11(a),(b) and (c) seek expectation or loss of bargain damages that are not recoverable against the second defendant under s43 Fair Trading Act 1986; therefore evidence intended to quantify those prohibited heads is irrelevant to quantification of loss and inadmissible for the quantum hearing, although an amended pleading alleging an appropriate loss of opportunity could be permissible.