CCL Secure Pty Ltd v Berry [2019] FCAFC 81 (24 May 2019) (McKerracher, Robertson and Lee JJ)


Catchwords:


TRADE PRACTICES – misleading and deceptive conduct – s 52 of the Trade Practices Act 1974 (Cth) – findings relating to conduct at meeting between two participants with no witnesses – whether two oral representations were conveyed to respondents – whether primary judge erred in respect of factual and credit findings including in relation to findings of fraud

DAMAGES – statutory compensation – s 82 of the Trade Practices Act 1974 (Cth) – where quantum to be assessed by reference to the position the respondents would have been in absent contravening conduct – whether primary judge erred in calculation of loss