A real estate agent engaged to market off-the-plan units has actual authority to make representations about the characteristics of the completed property, including future views, as part of the core function of marketing. Capital loss on resale is a permissible measure of loss under s 82 of the Trade Practices Act where the usual measure (difference between contract price and true value at acquisition) is not the only guide. Where a settlement sum is expressed as inclusive of claim, interest and costs on an undissected basis, the appropriate apportionment method is to determine the proportions of total liability represented by each component and apply those proportions to the outstanding balance. A trial judge's exercise of power under UCPR rr 156 and 658 to assess damages on an abandoned measure of loss will miscarry if the judge fails to account for substantial prejudice to the opposing party that cannot be remedied by costs orders.
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