State/Jurisdiction: D & M Pelle Holdings Pty Ltd v Cottrell Pty Ltd (No 2) …
Did not go to court (Potential Tribunal/Supreme Court).
Parties to Dispute:
Taytom Pty Ltd, trading as Hayley Lewis Swim School vs Lend Lease Real Estate Investments Limited and Westfield Management Limited both represented by major law firms.
Undertake forensic evaluation from business records (Annual Financial Statements) to provide opinion of losses.
Type of Dispute:
Unintended misrepresentation. High profile former Olympian and major A-REIT.
Description of Dispute:
- Consequential breach of quiet use;
- Plus potential damage to personal “brand”, beyond lease term plus damage to passive income, i.e. product endorsements, etc. had not been considered law firm.
Potential for major claim with adverse publicity, etc.
Expert’s report was the sole opinion. to settle dispute without legal representatives. Legal representatives used to draw up “settlement contract”.
Confidentially the Respondents national representative complimented single expert’s report for being extremely through and clear. Losses within lease term $220,000, loss to personal brand $950,000 beyond lease term.