It looks like the damages are the full value of BOLR in 2019 minus current value. This could run to hundreds of millions
Equity submits that its loss is to be evaluated based on the difference between (a) the amount Equity would have received had AMPFP performed its obligations under the BOLR Policy (i.e. $986,931); and (b) the current value of Equity’s register rights: Clark v Macourt [2013] HCA 56; 253 CLR 1 at [7] per Hayne J; Robinson v Harman (1848) 1 Ex 850 at 855. Equity submits, in summary, that the current value of its register rights is approximately $173,371 (excluding GST), using the October 2021 valuation as a proxy. This produces a damages figure of $813,560.
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It looks like the damages are the full value of BOLR in 2019...
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