Balanced Securities Ltd v Bianco

Balanced Securities Limited sued Mr Bianco for trespass to land, claiming damages for loss of commercial opportunity, mesne profits, and Hungerfords damages. The Federal Circuit and Family Court of Australia was tasked with deciding whether the plaintiff could claim Hungerfords damages in a trespass action and whether the loss of commercial opportunity and market rent of the premises were appropriate measures of damages. The court considered whether the loss of commercial opportunity and market rent of the premises were appropriate measures of damages. It held that the loss of commercial opportunity and market rent of the premises were appropriate measures of damages. The court held that the plaintiff could not claim Hungerfords damages in a trespass action. The plaintiff was entitled to recover market rent of the premises and loss of commercial opportunity, but not Hungerfords damages.

The court noted that Hungerfords damages were not applicable to trespass actions, as they were designed for cases of unlawful entry or detention of personal property. Instead, the plaintiff was entitled to recover market rent of the premises and loss of commercial opportunity, which were appropriate measures of damages in a trespass action. The court concluded that the plaintiff was entitled to recover market rent of the premises and loss of commercial opportunity, but not Hungerfords damages. The court ordered the defendant to pay the plaintiff damages in the amount of $270,000, representing the market rent of the premises and loss of commercial opportunity. The defendant was also ordered to pay the plaintiff’s costs of the proceeding.