Keys Consulting Pty Ltd v CAT Enterprises Pty Ltd

• 1. Contract
  2. › Sale of business
  3. › Misleading or deceptive conduct
  4. › Representations inducing entry into agreement
  5. › Whether representations made before agreement on price
  6. › Australian Consumer Law (Competition and Consumer Act 2010 (Cth), sch 2), s 18
• 1. Damages
  2. › Misleading or deceptive conduct
  3. › Sale of business
  4. › Measure of damages
  5. › Difference between price paid and true value at date of acquisition
  6. › Whether trial judge erred in valuing business at nil without regard to post-sale performance
  7. › Whether post-sale profits properly treated as benefit to be set off or as evidence of true value at acquisition
  8. › Australian Consumer Law, ss 236, 237, 243
• 1. Damages
  2. › Burden of proof
  3. › Certainty and particularity of proof of loss
  4. › Whether purchaser failed to discharge evidentiary burden
  5. › Whether court entitled to estimate damages where party failed to produce available evidence
  6. › Distinction between inherent difficulty in proof and failure to adduce available evidence
• 1. Appeal
  2. › Leave to appeal
  3. › Finding of fact
  4. › Assessment of credibility of witnesses
  5. › Whether finding based on speculation and flawed logic

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