Where a plaintiff purchases land in reliance on misleading conduct and subsequently develops and resells part of that land, the proceeds of resale must be brought into account in assessing damages under s 82 of the Trade Practices Act 1974 (Cth) if the development and sale was part of a continuous transaction of which the purchase was the inception. The English approach of measuring damages solely as the difference between purchase price and market value, without regard to subsequent resale profits, was doubted. A plaintiff who wishes to claim for loss of opportunity to pursue alternative ventures must specifically plead and prove that claim. An application to reopen a case after reasons for judgment have been delivered will be assessed by reference to the principles governing fresh evidence on appeal.
The full text is available to signed-in members, including the 22 later cases that cite this judgment.
3 of the 22 citing cases carry a classified treatment. How each court treated it is available to signed-in members.