CONSUMER LAW – appeal from award of compensation under s 236(1) of Australian Consumer Law (ACL) in Competition and Consumer Act 2010 (Cth) Sch 2 – where primary judge in separate hearing made declarations that conduct conveyed a misrepresentation and contravened ss 18 and 29(1)(e) and (g) of the ACL – where no appeal from declarations – where applicant claimed damages for loss of a commercial opportunity – whether primary judge’s inference that third parties relied on misrepresentation was mere conjecture – whether applicant suffered loss or damage because of contraventions of the ACL – held: appeal dismissed.
CONSUMER LAW – cross-appeal from primary judge’s finding that damages for loss of a commercial opportunity should be discounted by 25% – where primary judge rejected contravening parties’ counterfactual that they may have acted differently – where contravening parties defended litigation and did not alter their conduct throughout litigation – held: cross-appeal allowed.
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2023/2023fcafc0103
For more information, see the original judgement.
