Tour Squad Pty Ltd v Fifth Amendment Entertainment Inc (No 2)

Tour Squad Pty Ltd, an Australian company engaged in the promotion and facilitation of music performances, sought damages from Fifth Amendment Entertainment Inc and related entities, arising from a failed agreement for a concert tour by the American artist, Mr Taylor. The dispute centred on whether the agreement was binding and if the defendants had breached it, as well as claims for misleading and deceptive conduct. The court had to determine if the Binder Agreement constituted the final contract between the parties, and if Tour Squad was entitled to damages for reliance losses or expectation losses, and if the defendants had engaged in misleading and deceptive conduct.

The court found that the Binder Agreement was not the final contract and that Tour Squad was entitled to damages for breach of contract in the form of reliance losses. However, Tour Squad was not entitled to expectation losses as they failed to terminate the contract after the respondents repudiated it. Additionally, the court ruled that the respondents did not engage in misleading and deceptive conduct as there were no representations made by the respondents that would lead Tour Squad to believe that Mr Taylor would perform in Australia.

The court held that Tour Squad was entitled to damages for breach of contract amounting to their reliance losses. The reliance losses were calculated to be $478,119.73, and the respondents were ordered to pay interest on this sum at the rate of 4% from 3 July 2017 to the date of judgment. The respondents were also ordered to pay the applicant's costs of the action, including any reserved costs, to be taxed. The court dismissed Tour Squad's claims for damages in the nature of expectation losses under the agreement and for damages in respect of misleading and deceptive conduct.