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Quantification of Economic Loss

Morris Forensic provides independent, unbiased and comprehensive assessments of loss and damage. We have experience in providing independent expert reports and expert evidence as to the quantum of damages arising from:

  • breach of contract
  • misrepresentation
  • misleading and deceptive conduct
  • fraud
  • professional negligence
  • breach of fiduciary duty
  • personal injury and loss of dependency
  • business interruption
  • product liability
  • the provision of allegedly negligent advice
  • the wrongful suspension of employment

Our team also have considerable experience in critiquing opposing experts’ reports.

We have provided independent expert reports and expert evidence as to the quantum of damages arising from claims for loss of profit, loss of value and loss of opportunity in numerous industries including:

  • aged care
  • construction
  • financial services
  • insurance
  • managed investment schemes
  • manufacturing
  • mining
  • national rail
  • pharmaceutical
  • retail
  • telecommunications
  • waste management
  • water infrastructure
  • wine and viticulture

Significant Matters

The significant economic loss matters that we have been involved in include:

  • Central Pier (Docklands) & Ors v Development Victoria & Ors (Supreme Court of Victoria), which involved the quantification of lost profits and increased costs of working arising from the Victorian Government’s failure to disclose the disrepair of the pier and their consequential early termination of Central Pier (Docklands) lease.
  • Halikos Hospitality Pty Ltd & Ors v INPEX Operations Australia Pty Ltd (Supreme Court of Northern Territory), which involved the assessment of lost revenues and profits arising from an alleged breach of contract for the provision of large scale, long term FIFO accommodation.
  • Allity Pty Ltd & Anor v Bonacci Group (SA) Pty Ltd & Hendry Group Pty Ltd & Ors (Supreme Court of South Australia), which involved the assessment of Allity’s claim for lost profits and increased costs arising from failures in the design and construction of a new residential care facility.
  • About Life Pty Ltd v Maddocks Lawyers (Supreme Court of NSW), which involved the assessment of losses suffered by About Life as a consequence of Maddocks’ negligence in connection with a store lease.
  • Sunnya Pty Ltd & Anor v Yinghan He & Oths (Supreme Court of NSW), which involved the assessment of losses suffered by Sunnya arising from certain related party transactions.
  • Vision Group Holdings Ltd and Icon Laser (Aust) Pty Ltd v David Kitchen and Michelle Kitchen (Supreme Court of Queensland), which involved the assessment of lost profits allegedly suffered by both the applicants and respondents arising from alleged breaches of a contract between the parties.
  • Wartsila Australia Pty Ltd v Primero Group Pty Ltd (Supreme Court of Western Australia), which required the assessment of losses pursuant to claims and cross claims in respect of a contract for construction of a power station.
  • Adelaide Brighton Cement Limited v Veolia Environmental Services (Australia) Pty Ltd (Supreme Court of South Australia), which involved the quantification of losses arising from alleged failures in respect of the maintenance of Adelaide Brighton’s Kiln.
  • Perazzoli & Ors v Bank SA & Ors (Supreme Court of Queensland), which was a class action that required the assessment of losses arising from a ‘ponzi’ scheme that Bank SA allegedly failed to identify and shut down.
  • Peter Michell and East Stoneleigh Pty Ltd v Andrew James Hamilton & Ors, which involved assessing alleged income and capital losses arising from misrepresentations that induced Mr Michell to invest in a large commercial property.
  • Adelaide Brighton Cement Limited v Hallett Concrete Pty Ltd & Ors (Supreme Court of South Australia), which entailed assessing lost profits and increased costs of working arising from a breach of contract.
  • Beach Petroleum NL & Anor v Independent Resources Ltd & Ors (Federal Court of Australia), which required an investigation of a fraud and the assessment of the consequential loss.
  • State of South Australia v Timoth Marcus Clark (Supreme Court of South Australia), which involved the assessment of loss arising from an acquisition by the State Bank of South Australia.
  • Acquista Investments Pty Ltd and Veolia Environmental Services (Australia) Pty Ltd v Ahrens (Supreme Court of South Australia), which related to the quantification of losses in connection with the construction of a building.
  • Harris Scarfe Ltd (Receivers & Managers Appointed) v Ernst & Young and PricewaterhouseCoopers (Supreme Court of South Australia), which involved an investigation of accounting irregularities and the assessment of loss arising from audit failures.
  • HIH Insurance Ltd v Adler & Ors (Supreme Court of NSW), which involved the quantification of loss arising from the acquisition of FAI Insurance, where it was alleged the true financial circumstances of FAI were not disclosed.
  • Gunns Limited & Ors v KPMG (Supreme Court of Tasmania), where we were retained as shadow experts to address both liability and the business losses that arose as a consequence of KPMG’s alleged negligence.
  • Various other matters where the negligence of auditors was alleged to have resulted in losses, including:
    • Ann Street Mezzanine Pty Ltd & Ors v KPMG (re Westpoint) (Federal Court of Australia); and
    • Richard Kirby v Centro Properties Ltd & Anor and Richard Kirby v Centro Retail Ltd & Anor (Federal Court of Australia)