Talacko v Talacko [2021] HCA 15 (12 May 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ)


Catchwords:


Tort – Unlawful means conspiracy – Loss or damage – Loss of chance – Loss of value of rights or chose in action – Damages – Where conspiracy by unlawful means undertaken to deprive first to fifth respondents (“Respondents”) of value of chose in action arising from judgment in their favour – Where conspiracy involved agreements by which valuable properties in Czech Republic were transferred to impede recovery by Respondents of anticipated judgment debt (“Donation Agreement”) – Where Respondents commenced proceedings in Czech Republic against two conspirators to set aside Donation Agreement (“Donation Agreement Proceedings”) – Where Respondents had 20% prospect of successfully recovering through Donation Agreement Proceedings – Whether loss or damage proved such that unlawful means conspiracy was actionable – Whether damages for unlawful means conspiracy should be discounted to reflect 20% prospect of separate recovery through Donation Agreement Proceedings.

Words and phrases – “actionable”, “chance of recovery”, “chose in action”, “contingent”, “damages”, “diminution in value”, “judgment debt”, “loss of chance”, “loss of opportunity”, “loss or damage”, “prospect of recovery”, “quantification of damages”, “unlawful means conspiracy”, “value of a plaintiff’s rights”.