CONTRACT — breach by defendant admitted — causation — breach caused plaintiff's loss in fact — whether defendant legally responsible for plaintiff's loss — scope of defendant's responsibility — test for defendant's responsibility — novus actus interveniens — free, deliberate and informed act of plaintiff — reasonable conduct by plaintiff as between plaintiff and defendant — plaintiff could have avoided entire loss by submitting a further redemption request to the defendant — plaintiff intentionally remained in the market in the hope of receiving a higher return — plaintiff failed to take reasonable steps to avoid loss — failure to mitigate — defendant not responsible for plaintiff's loss
Case Details
Citation[2014] NSWSC 708
CourtNSWSC
JurisdictionNew South Wales
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