Misleading and Deceptive Conduct in Trade: Damages Awarded

✅ Tends to be accepted

• The undisputed evidence soundly establishes on the balance of probabilities that the defendant engaged in misleading and deceptive conduct, in that he gave the plaintiff to understand that it was entering into a valid contract with the company, when in fact the company was disentitled from doing any such thing.
• I am satisfied that it was that conduct that occasioned loss to the plaintiff, in that it is inconceivable that the payments would have been made by the plaintiff without the seeming foundation of that contract.
• I accept the proposition that an action pursuant to this section of the ACL focuses upon the loss to the plaintiff occasioned by the conduct of the defendant, not the precise destinations of the various payments constituting that loss.
• The claim for damages is appropriately measured, in that it does not go beyond the payments themselves, and does not seek recompense for any ancillary expenditure.
• The claim for interest is also appropriately measured, in that it latches upon the date of the last payment, as opposed to any earlier one.