Acme Office Service Pty Ltd v Ludstrom

Acme Office Service Pty Ltd commenced proceedings against Ludstrom in the Federal Circuit and Family Court of Australia, asserting breaches of contract and fiduciary duty. The plaintiff sought damages or an account of profits, along with other remedies. The legal issues before the Court were the appropriate quantification of damages or profits, the timeliness of the plaintiff's election between damages and profits, and the admissibility of evidence post the defendant's company liquidation. The Court ruled that Acme Office Service Pty Ltd was entitled to elect both damages and profits, as the initial statement of claim was ambiguous. Additionally, the Court granted leave nunc pro tunc to permit the plaintiff to pursue the individual defendant after the company's liquidation and allowed an amendment to the statement of claim following the defendant's address in reply. The Court assessed the damages and profits, awarding Acme Office Service Pty Ltd the sum of $106,500, which represented the plaintiff's loss of profits, while rejecting the claim for additional damages.