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ARTICLE · 28 OCTOBER 2015

Multiple failures to establish loss

KordaMentha
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This article considers a case where both the Plaintiff and the Defendant were found to have failed to establish any loss.

AustraliaLitigation, Mediation & Arbitration
Magda Di Vincenzo
Magda Di Vincenzo
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Case note on

Bakers Investment Group (Australia) Pty Ltd v Caason Investments Pty Ltd (no 2) (2014) VSC 598

Introduction

In this edition of Damages Matters, Magda Di Vincenzo, Director in our Melbourne office, considers a case in which both the Plaintiff and the Defendant (by counter-claim) were found to have failed to establish any loss.

Factual background

The Plaintiff, Bakers Investment Group (Australia) Pty Ltd is a financial services company involved in financial analysis and capital-raising activities in the energy sector.

The First Defendant, Caason Investments Pty Ltd is a private investment firm and the holding company of the Second Defendant, Hardrock Investments Pty Ltd.

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Queensland civil procedure requires defendants to respond to each factual allegation with precision—admissions, denials, or non-admissions must be properly explained, while inadequate responses risk being treated as admissions. Replies serve a distinct and limited purpose, addressing only new matters raised in the defence that could affect the claim's maintainability or introduce unexpected factual questions.
AustraliaLitigation, Mediation & Arbitration
Stonegate Legal
Stonegate Legal