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 to $27 million. This case note analyses the Court’s decision, and in particular, its consideration of the pleading of counterfactuals, the arising of presumptions vis-à-vis wrongdoers, the shifting of evidentiary onuses, and the possibility of damages for loss of opportunity.
The article can be read by clicking here
