In assessing damages for misleading or deceptive conduct under s 42 of the Fair Trading Act 1987 (NSW), a court cannot simply award rent paid or exacted as a head of loss without bringing into account other expenditure and income received during the relevant period to determine whether and to what extent the plaintiff suffered revenue losses. The decision also confirms that a plaintiff who continues to operate a business after discovering the defect may recover the full loss of expenditure where the defendant's conduct effectively locked the plaintiff into the venture and the defendant frustrated attempts at resolution.
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