A party alleging a narrow market for corporate hospitality packages at specific sporting events bears the onus of establishing that market and must adduce evidence of its own pricing and market behaviour; failure to do so may attract a Jones v Dunkel inference. Conditions printed on event tickets restricting resale can constitute enforceable contractual terms binding subsequent holders by novation. The availability of an account of profits for the tort of inducing breach of contract remains unsettled, with the majority declining to extend the remedy but Emmett J favouring it on the basis that contractual rights are incorporeal property.
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