Paula McCabe


In I&L Securities Pty Limited v HTW Valuers (Brisbane) Pty Limited, the High Court confirmed the decision of Henville v Walker when it revisited issues of causation and contributory negligence in the context of awarding damages under sections 82 and 87 of the Trade Practices Act 1974 (Cth) (the TPA).

The issues before the High Court were whether section 87 of the TPA conferred a discretionary power to reduce the damages that the appellant would otherwise be entitled to recover under section 82 of the TPA, and whether damages under section 82 of the TPA should be reduced for the appellant’s failure to take reasonable care to protect its interests.