Where a deposit is paid into a trust account and is contingent upon a future event (here, the opening of a shopping centre), the payment does not constitute actual loss for limitation purposes until the contingency is fulfilled and the money is applied. A chose in action for damages including interest by way of opportunity cost under Hungerfords v Walker is interrupted during the period it is vested in a trustee in bankruptcy, but the entitlement to interest resumes upon reassignment of the chose in action to the plaintiff, thereafter calculated as lost opportunity cost rather than incurred expense.
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