Breaches and Torts

Breaches of contract and tort experience

Engagements experience relating to breaches of contract and tort include the following:

• GBAR (Australia) Pty Ltd v Brown [2020] QSC 14. Breach of an employment and sale of business agreement, passing off and injurious falsehood. The respondent sold a facilities management business to the applicant. The respondent subsequently set up in competition in breach of the non-compete clause of both the business sale and employment agreement and made representations that were misleading or deceptive.  The expert report provided quantified the lost sales and loss of profit associated with the varying claims; report prepared for the Supreme Court of Queensland
• The Sands Gold Coast Pty Ltd v The Body Corporate for the Sands QCAT 2019, Breach of a management rights contract. The applicant held the rights to carry out the management role for the body corporate.  The body corporate allegedly terminated the contract without cause. Lotus Amity prepared an expert report which quantified the loss of profit suffered by the applicant as a result of the breach; report prepared for the Queensland Civil Administrative Tribunal. Issues considered included the risk profile of the cash flows, the damage period, the profitability of the contract and the costs associated with the contract.
• Breach of business lease agreement. The respondent breached a restaurant and coffee shop business lease, by denying the applicant access to the property. The expert report provided further analysed the data on which the other two expert reports were based and reassessed lost earnings in the light of forensic evidence; report prepared for the Supreme Court of Queensland.
• Negligence and breach of security Breach occurred because the defendant failed to provide the required security services at the time of a fire in the plaintiff’s show home. The expert report provided quantified the business interruption, lost house sales and loss of profit for a property developer; report prepared for the District Court of Western Australia.
• Termination of fishing agreement. The respondents terminated a fishing agreement with the applicants. The expert report provided quantified the loss of profit for the remainder of the agreement; report prepared for the Federal Court of Australia, Western Australia Registry.
• Breach of sales contract and negligence. The defendants sold defective transport equipment to the plaintiff. As a result, the plaintiff suffered the loss of customers and loss of profit. The expert report provided assessed the losses; report prepared for the County Court of Victoria, Commercial Division.
• Breach of a company shareholders agreement. The plaintiff alleged the respondent, an ASX company, had breached an agreement to provide the plaintiff with a seat on the company board. The expert report provided calculated the value attributable to a seat on the board associated with a minority interest in a public company.
• Breach of a government telecommunication contract. The expert report calculated the lost profits and value to a mobile phone incumbent due to the government’s proposed deregulation of the market and the introduction of competition. Report prepared for the Eastern Caribbean Supreme Court.
• Breach of warranty. The applicant acquired a retail business and claimed for damages for breach of a warranty in the sale agreement. The vendor provided a warranty that it would disclose all relevant information and misrepresentations were alleged to have been made. A valuation was provided based on the information provided at the time of the transaction to assess the reasonableness of the transaction. Federal Court. Trade Practices.