David Ballard v Multiplex Limited

[2008] NSWSC 1019

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Practice
2. › Application further to amend statement of contentions
3. › adequacy of statement of contentions
4. › whether statement notifies opposing party of the case to be made against it.
1. Damages
2. › “Prudential” principle
3. › shareholders cannot recover damages reflective of a loss suffered by a company
4. › shareholders may recover damages for a loss which the company would not have sustained itself
5. › shareholders in their capacity as guarantor of a company’s obligations may recover damages for loss.
1. Damages
2. › Conspiracy
3. › actual pecuniary loss must be established to recover damages
4. › damages for injury to reputation can not be awarded in an action for conspiracy
5. › plaintiff may recover damages for physical injury where conspiracy is proved.