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Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) v BestCare Foods Ltd [2013] NSWCA 90 (24 April 2013)

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http://www.austlii.edu.au/au/cases/nsw/NSWCA/2013/90.html

EVIDENCE – findings of fact – appellate review – whether a finding of fact by a referee was based on no evidence or no more than a mere scintilla of evidence

DAMAGES – negligence – method for valuing a loss of commercial opportunity(or loss of chance) – whether credit should be given for salvage value of business including any residual goodwill

PRACTICE AND PROCEDURE – whether primary judge erred in exercise of discretion in adopting the referee’s report


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