Bennett v Talacko

[2017] VSCA 163

Victorian Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › Conspiracy
3. › Unlawful means conspiracy
4. › Elements of the tort
5. › Pecuniary loss
6. › Whether expenses incurred in setting aside agreement entered into pursuant to conspiracy constitute pecuniary loss
7. › Whether loss of opportunity to enforce judgment against divested properties constitutes pecuniary loss
8. › Whether loss contingent upon outcome of foreign proceedings
1. Torts
2. › Conspiracy
3. › Unlawful means conspiracy
4. › Parties to conspiracy
5. › Circumstantial evidence
6. › Jones v Dunkel inference
7. › Whether fourth defendant was party to agreement constituting conspiracy
1. Evidence
2. › Fresh evidence on appeal
3. › Whether fresh evidence would have produced opposite result
4. › Application to admit email not tendered at trial
1. Appeal
2. › Extension of time
3. › Leave to appeal
4. › Factors relevant to exercise of discretion
5. › Civil Procedure Act 2010 (Vic), s 7

Quick Take

Practitioners pursuing unlawful means conspiracy claims should note that expenses incurred in undoing a transaction entered into pursuant to the conspiracy (beyond mere investigation costs) constitute immediate pecuniary loss completing the tort, even where the ultimate recovery remains uncertain.