Misleading or deceptive conduct in trade or commerce
Building contract
Termination of contract
Quick Take
1Where a party expressly agrees to jury directions and fails to seek redirection at trial despite ample opportunity, the party waives the right to challenge those directions on appeal, following General Motors-Holden's Pty Ltd v Moularas and Footscray Football Club Ltd v Kneale
2In a loss of commercial opportunity claim, procedural fairness does not require the claimant to plead the specific percentage discount for the probability that the opportunity would not have materialised; it suffices if that matter is addressed in evidence and closing submissions, following Lantrak Holdings Pty Ltd v Yammine and Mining Standards International Pty Ltd v Atlantic Nickel Mineracao Ltda [No 4]
3When assessing serious harm under s 10A of the Defamation Act 2005, a judge must take into account harm caused by third-party comments on a social media post where the jury has found the defendant published those comments; excluding such harm on the basis that the defendant did not personally make the representations is inconsistent with the jury's finding and constitutes appellable error
