Kizbeau Pty Ltd & Ors v W.G. & B. Pty Ltd

This matter came before the High Court of Australia on an application for special leave to appeal. The applicants, Kizbeau Pty Ltd and others, sought to challenge a decision of the Full Court. The dispute concerned damages awarded to Kizbeau Pty Ltd following a finding that the respondents, W.G. & B. Pty Ltd and another, had contravened section 52 of the relevant Act.

The primary legal issue before the High Court was whether the Full Court had erred in its assessment of damages. Specifically, the applicants argued that the Full Court had made a mistake in its reasoning that resulted in a pecuniary injustice. This involved an examination of how the Full Court arrived at the damages figure of $265,000, particularly in relation to adjustments made to the rent payable under a lease.

The applicants contended that the damages awarded were predicated on an assumption that the rent would be adjusted, a premise that was subsequently altered by the Full Court's decision to delete variations of the rent. The court's reasoning, as presented by the applicants' counsel, indicated that the damages figure was derived from a valuation that incorporated a lower rent than that stipulated in the lease. However, the Full Court's final orders left the damages amount unchanged while removing the rent variations, creating a situation where Kizbeau Pty Ltd remained obligated to pay the full lease rent, despite the damages calculation being based on a reduced rent.