Abstract

Need to prove damages

Article

Wyzenbeek v Astralasian Marine Imports [2018] FCA 1517 is a salutary reminder of a successful plaintiff's need to lead evidence to prove damages in accordancewith the measure of damages appropriate to the cause of action which is pleaded.  Otherwise the court will be obligedto find that althogh the pleaded wrong has been committed, there has been no proof of loss.

This judgment provides an exhaustive review of the authorities relating to misrepresentaation amounting to misleading and deceptive conduct.  It concened the sale of a boat which was represented to be ocean-going.