The Jamieson counterfactual approach is no longer available to respondents in misleading conduct claims under the TPA/ACL to argue that a representee's damages should be reduced because they would have entered into an alternative transaction causing similar loss; the focus must remain on the loss actually caused by the contravening conduct.
The full text is available to signed-in members, including the 36 later cases that cite this judgment.
9 of the 36 citing cases carry a classified treatment. How each court treated it is available to signed-in members.