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Appellate Publications

Beyond “But-For” Once More

1-7-25 / Benjamin Teng — Appellate, Insurance

Benjamin Teng co-authored this article with Hannah Williams published in Cambridge Law Journal. This article examines the “but for” test in assessing factual causation and the recent decisions of London International Exhibition Centre Plc v Allianz Insurance Plc [2024] EWCA Civ 1026 and Financial Conduct Authority v Arch Insurance (UK)…

Counterfactual Conundrum in Defamation

10-4-24 / Benjamin Teng — Appellate, Media & Defamation

Benjamin Teng authored this case note, published in the Law Quarterly Review. It concerns the decision of Wright v McCormack [2023] EWCA Civ 892 and argues this case represents an exception to counterfactual compensatory principle, being authority for the principle that litigation misconduct may reduce compensatory damages in defamation, if…

Concepts of Loss and Proving Counterfactuals in Misleading or Deceptive Conduct: Berry v CCL Secure Pty Ltd

1-7-21 / Benjamin Teng — Appellate, Competition & Consumer

Benjamin Teng co-authored this case note published in the Journal of Civil Litigation and Practice with Andrew Simpson. It concerns the High Court of Australia’s decision in Berry v CCL Secure Pty Ltd to significantly increase the quantum of damages awarded for misleading or deceptive conduct from around $1 million…

Property in Wild Animals: Borwick Development Solutions Ltd v Clear Water Fisheries Ltd’

1-12-20 / Benjamin Teng — Appellate, Land Law & Property

Benjamin Teng authored this case note published in the Australian Property Law Journal concerning the decision of the Court of Appeal of England and Wales in Borwick Development Solutions Ltd v Clear Water Fisheries Ltd, which examined the issue of who, if anyone, owned the fish in the Borwick Lakes.…

Elucidating Myer Emporium and Characterising Isolated Transactions: Greig v Federal Commissioner of Taxation

1-6-20 / Benjamin Teng — Appellate, Tax

Benjamin Teng authored this article published in the Australian Tax Review concerning the Federal Court’s decision in Greig v Commissioner of Taxation to classify a loss made after a senior executive of a company bought shares with the intention of selling them for a profit as a ‘business operation or…

Publications — Benjamin Teng