The High Court has upheld the appeal of Dr Benoy Berry in long running litigation against CCL Secure Pty Ltd arising out of the Securency plastic banknote scandal. Dr Berry was represented throughout more than 6 years of litigation by 6 St James Hall Senior Counsel Dr Christopher Ward SC with junior counsel Phillip Santucci, assisted in the High Court by former Solicitor-General Justin Gleeson SC and instructed by Damian Sturzaker of Marque Lawyers. The High Court substantially restored the damages award obtained at trial in 2018, assessing damages and interest at more than $37 million. The unanimous High Court concluded that a serious onus of proof lay upon a litigant who had resorted to fraud but who wished to assert that it would have hypothetically relied upon lawful means to terminate a contract had it not engaged in fraud.

The High Court matter was mentioned in Lawyers Weekly.

The reasons for the decision can be found here.