Larsen as trustee for the Larsen Superannuation Fund v Tastec Pty Ltd (formerly Wonders Building Company Pty Ltd)

The appeal concerned a dispute between Larsen as trustee for the Larsen Superannuation Fund (the appellants) and Tastec Pty Ltd (formerly Wonders Building Company Pty Ltd) (the respondent) regarding the supply and assembly of a prefabricated home. The appellants alleged that they had agreed to a contractual variation based on misleading or deceptive conduct by the respondent, and sought damages for loss suffered as a result. The matter was heard in the Supreme Court of New South Wales, Court of Appeal, before Adamson and Stern JJA and Price AJA.

The primary legal issues before the Court of Appeal were whether the appellants had suffered loss or damage as a result of the respondent's misleading or deceptive conduct, and if so, the appropriate measure of those damages. This included considering whether the cost of rectification was an unreasonable measure of loss and whether the appellants were entitled to a "loss of bargain" measure of damages. The Court was also required to determine whether the proceedings should be remitted to the primary court for a final determination of quantum or if the Court of Appeal itself should quantify the relief.

The Court of Appeal allowed the appeal, setting aside the primary judge's order dismissing the appellants' claim under the Australian Consumer Law and the associated costs orders. The Court indicated its intention to determine the quantum of relief itself, rather than remitting the matter, pursuant to s 75A of the *Supreme Court Act 1970* (NSW). To facilitate this, the Court issued detailed directions regarding the filing of amended notices of appeal, further documents, and written submissions on the quantum of relief, with the aim of quantifying the relief based on existing evidence and submissions, and potentially a further short oral hearing. The costs of the appeal were reserved pending the final determination of quantum.