Aristocrat Technologies Australia Pty Limited (ACN 001 660715) v D.A.P. Services (Kempsey) Pty Limited (in liquidation)(ACN 055 803 542) (No. 2)

In the case of Aristocrat Technologies Australia Pty Limited (ACN 001 660715) v D.A.P. Services (Kempsey) Pty Limited (in liquidation) (ACN 055 803 542) (No. 2), the Full Court of the Federal Court of Australia considered an appeal and cross-appeal arising from proceedings in the Federal Circuit Court. The primary dispute related to contractual disputes and the interpretation of a contract for the supply of gaming machines, with the appellant asserting claims for breach of contract, misrepresentation, and unjust enrichment against the respondents.

The legal issues before the court included the interpretation of contractual terms, the scope of the duty of disclosure under the Australian Consumer Law (ACL), and the appropriate measure of damages for breach of contract. The court was tasked with determining whether the respondents were liable for misrepresentation and whether the duty of disclosure under the ACL applied to the supply of gaming machines. Additionally, the court needed to assess the proper measure of damages for the alleged breach of contract.

The court found that the respondents were not liable for misrepresentation, as there was no misleading or deceptive conduct under the ACL. The court held that the duty of disclosure did not apply to the supply of gaming machines, as it was not a consumer supply within the meaning of the ACL. Regarding damages, the court determined that the measure of damages for breach of contract was not the cost of replacement machines but rather the loss of profit due to the non-functioning machines. The cross-appeal was dismissed, and the costs of the cross-appeal were to be costs in the appeal.

The court ordered that the second and third respondents pay 70% of the appellants' costs of the appeal. The cross-appeal was dismissed, and the costs of the cross-appeal were to be costs in the appeal.