Dib Group Pty Ltd v Coolabah Tree Aust-Wide Pty Ltd (includes Corrigendum dated 30 May 2011)

• 1. Practice and Procedure
  2. › Judgments and orders
  3. › Power to vary judgment before entry
  4. › Federal Court Rules O 35 r 7(1)
  5. › Publication of supplementary reasons correcting damages assessment
  6. › Whether variation authorised
  7. › Whether primary judge proceeded on misapprehension
• 1. Damages
  2. › Assessment of damages for repudiation of lease
  3. › Sublease and head lease arrangement
  4. › Whether damages should be reduced by rent lessee would have paid under head lease
  5. › Loss of bargain damages
• 1. Appeal
  2. › Appeal from findings of fact
  3. › Credibility findings
  4. › Circumstances in which appellate court may disturb credibility findings of primary judge
  5. › Whether findings contrary to incontrovertible facts, uncontested testimony, glaringly improbable, or contrary to compelling inferences
• 1. Trade Practices
  2. › Misleading and deceptive conduct
  3. › Representations as to future matters
  4. › Whether representations made in terms alleged
  5. › Whether representations adopted or endorsed
  6. › Application of test in Butcher v Lachlan Elder Realty Pty Ltd
  7. › Trade Practices Act 1974 (Cth), ss 51A, 52

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