Ann: Litigation Proceedings Commenced by Sandfire Resources, page-58

”Interests and damages might be hard to prove. The court requires fairly substantial evidence to this. It will be interesting to see how they play that one.

The cost difference between the CR price and the highest SP since? If SFR had dumped 4.1 million shares at the highest price the SP would have plummeted. So how do you calculate the ability to sell this number of shares?

Interest on the money if they had sold the shares at a higher price and banked it? Lost opportunities for acquisitions?

Could it be argued that the damages were avoidable if SFR had spoken out sooner? Interesting that they waited until ADT SP was beginning to rocket.

Some of the other requirements for proving compensatory damages include:

Causation: The defendant’s breach must have caused the plaintiff’s economic losses. These may either be directly caused (as in general damages) or indirectly caused (special damages)
Foreseeability: The losses must be foreseeable at the time of contract formation. If the losses were not foreseeable, a compensatory damages award will not be issued:
calculable:The losses must be capable of being calculated into specific monetary amounts. This is usually done using fair market values at the time of contract formation. Losses that cannot be quantified or reduced to dollar amounts will not be considered.
Unavoidable:The losses must have been unavoidable. If the non-breaching party could have prevented the losses but failed to do so, it will disqualify them from receiving compensatory damages. This is known as “the doctrine of avoidable consequences.