DIF III – Global Co-Investment Fund L.P v DIF Capital Partners Limited

• 1. Contract
  2. › Breach of contract
  3. › Admitted breach
  4. › Causation of loss
  5. › No transaction case
  6. › Whether competent due diligence would have led to different investment recommendation
  7. › Whether assumption underlying financial model shown to be invalid
  8. › Burden of proof on plaintiff to establish causation on balance of probabilities
  9. › Distinction between permissible inference and conjecture
• 1. Insurance
  2. › Professional indemnity insurance
  3. › Claims-made policy
  4. › Notification of circumstances
  5. › Whether insured became aware during policy period of circumstances that could reasonably be anticipated to give rise to a third party claim
  6. › Construction of deeming provisions for notification of circumstances
  7. › Insurance Contracts Act 1984 (Cth), s 54
• 1. Evidence
  2. › Proof of causation
  3. › Expert evidence
  4. › Failure to adduce expert evidence on critical assumption
  5. › Jones v Dunkel inference
  6. › Whether Ferrcom inference may be drawn from expert's failure to address topic within expertise

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