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