Vernon's aims
- Zaza to wear the gown
- Stop the sale
- 'Maximum Money'
- Stop her making false statements
- Apology for the false statements
- Hurt, distress & humiliation due to the false statements
Injunction
Breach of Contract (unsure)
ACL (no, if the ACL is only relevant due to cases of 3rd party reliance)
Injurious Falsehood (???)
Specific Performance
Breach of Contract (similar to slavery...). Not available per Bryne V Australian Airlines
ACL (no if the ACL is only relevant due to 3rd party reliance)
Injunction
Defamation (yes)
Injurious Falsehood (???)
ACL (no, if the ACL is only relevant due to cases of 3rd party reliance)
For not wearing the dress (partly done)
Compensation
Contract (Expectation, reliance, loss of chance)
ACL?
Common law
LCA Damages (contract)
ACL
Defamation -- basically agg damages
Injurious Falsehood -- basically agg damages
For false statements
Issues over causation & remoteness of indirect losses
Defamation (non-pecuniary loss) (partly done)
Injurious Falsehood (damages + Agg Dam) (partly done)
ACL; see section 236 and comments in further instructions
- Wants the gown back
Unjust Enrichment
Quantum Meruit (no)
Quantum Valebat (maybe)
Rescission (contract)
Need to show for CL fraud / duress // for Equity show, duress, misrepresentation, unilateral mistake, undue influence, unconscionable dealing, BOFD
LCA (s38 SCA).
Account of Profit (contract)
For 3rd party reliance claims, must show the misrepresentation and that such reliance caused the applicant's damage. See Goater & Ford
Can't see how // not related to her breach (-- flexible remedies; can order to fix the contracts)
Low -- for non-pecuniary 'compensation' due to the statements
Is V having a right to prevent Z from making more false statements sufficient?
Right to SP therefore right to LCA. Going to have the same uncertainty valuing the goods as under contract; so maybe reasonable fee tho this will be low.
Defamation (self help)
Court can calculate as they see fit -- could go down gain based route. KB = award gain based where injunctions could have been awarded but have not been
Distress
Exemplary Damages (apparently don't exist)
1 = Vindication (reputation)
2 = Injury to feelings (agg damages -- uncapped)
3 = Special damages (pecuniary loss). Not capped.
Constructive Trust / Leins