Berry v CCL Secure Pty Ltd

HIGH COURT OF AUSTRALIABELL, GAGELER, KEANE, NETTLE AND EDELMAN JJBENOY BERRY & ANOR  APPELLANTSANDCCL SECURE PTY LTD  RESPONDENTBerry v CCL Secure Pty Ltd[2020] HCA 27Date of Hearing: 3 June 2020Date of Judgment: 5 August 2020S315/2019ORDER1.Appeal allowed.2.Set aside orders 1 and 2 made by the Full Court of the Federal Court of Australia on 4 June 2019 and, in lieu thereof, order that, in place of order 2 made by Rares J on 17 August 2018, there be judgment for the appellants in the sum of $27,078,507, plus interest pursuant to statute.3.The respondent pay the appellants' costs of the appeal to the Full Court of the Federal Court of Australia and to this Court.On appeal from the Federal Court of AustraliaRepresentationJ T Gleeson SC with C S Ward SC and P F Santucci for the appellants (instructed by Marque Lawyers)G K J Rich SC with J L Roy and J E Taylor for the respondent (instructed by Arnold Bloch Leibler)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSBerry v CCL Secure Pty LtdDamages – Misleading or deceptive conduct – Where first appellant induced to give up agreement by respondent's misleading or deceptive conduct in contravention of s 52 of Trade Practices Act 1974 (Cth) – Where appellants sought damages pursuant to s 82 of Trade Practices Act referable to amounts payable had agreement not been terminated – Whether respondent entitled to contend that but for its misleading or...