Pitcher Partners Consulting Pty Ltd v Neville’s Bus Service Pty Ltd [2019] FCAFC 119 (23 July 2019) (Allsop CJ, Yates and O’Bryan JJ)


Catchwords:


TORTS – deceit – where appellants’ advice on a tender price contained an amortisation error – tender won – appellants dishonestly concealed error and provided false assurance that contract price included full subvention allowed for by Transport for NSW – onus on respondent to prove damages qualified when deliberate wrong of applicants caused difficulties of proof – no Jones v Dunkel inference drawn – no error in finding on the balance of probabilities that respondent would have successfully renegotiated the contract had the error been known – direct loss calculated as prejudice or disadvantage suffered as a consequence of altering position under fraudulent inducement – appropriate to rely on presumption against wrongdoer – liar held to restore the innocent party to position consistent with lie being true – appeal dismissed with costs

CONSUMER LAW – dishonest conduct found to be seriously misleading or deceptive conduct