Recent Cases

Taylor v Stav Investments Pty Ltd as trustee for the Stav Investments Family Trust; Taylor v LK Group Investments Pty Ltd [2023] NSWCA 204 (01 September 2023) (Mitchelmore JA at [1]; Simpson AJA at [128]; Basten AJA at [129])


Catchwords:


DAMAGES — misleading or deceptive conduct — contractual warranties and other representations — ownership or control of intellectual property — “no transaction” case — whether respondents would have entered into transaction if true position known — adequacy of reasons on no transaction case

DAMAGES — assessment of damages — misleading or deceptive conduct — expert evidence on damages — correctness of assumption that company was not a going concern — whether error as to assumption affected applicability of expert’s preferred damages scenario

CONTRACTS — contractual warranties – misleading or deceptive conduct — representation as to future matter — whether contractual warranty a representation as to future matter

CORPORATIONS — damages — apportionment of damages — whether corporation was concurrent wrongdoer — where contractual warranties “jointly and severally” provided by corporation and directors