Amcor Ltd v Barnes [No 2]

Amcor Ltd v Barnes [No 2] involved a dispute over the quantification of damages payable to the plaintiff by the defendant through a counterclaim. The case was heard in the Supreme Court of Victoria. The core issue before the court was the adoption of joint experts’ reports in determining the quantum of damages, as well as the calculation of interest on the damages awarded. The defendant proposed a new methodology for calculating damages based on the face value of invoices, which differed from the approach considered at trial and by the joint experts. The defendant acknowledged that if their proposed methodology was rejected, the quantification provided by the joint experts should be adopted.

The court examined the process undertaken through the special referee and the reports of the joint experts. It considered whether the new methodology proposed by the defendant was valid and whether it should be adopted over the joint experts' findings. The court also deliberated on the appropriate date from which interest should be calculated on the damages awarded, as well as the appropriate rate of interest. The Supreme Court Act 1986 provided the framework for these determinations, particularly section 60(1) which sets out the principles for calculating interest.

The Supreme Court of Victoria decided that the joint experts' reports should be adopted for quantifying damages, as the defendant's proposed methodology had not been considered at trial or by the joint experts. Regarding interest, the court determined that the plaintiff by counterclaim was entitled to interest from the date the counterclaim was issued, rather than from the commencement of the proceeding. The court also exercised its discretion under section 60(1) of the Supreme Court Act 1986 to determine the interest rate, opting for a rate lower than the penalty rate.