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BHP BILLITON (OLYMPIC DAM) CORP P/L v STEULER INDUSTRIEWERKE GmbH [No 2]

This judgment was concerned with the question of the assessment of damages in two related proceedings. The dispute centred on representations made regarding the suitability of a polyethylene lining material for concrete tanks. Judgment for Steuler was awarded in both proceedings. Steuler argued that WMC could not prove any loss because they had submitted that it was “impossible to predict” what it would have done had it not entered into the transaction. They argued that because WMC could not demonstrate a comparison between the situation brought about by the contravening conduct and the situation as it would have been without such conduct; therefore they could not prove that it had suffered any detriment as a result of misleading conduct.