Superior Diamond Products Pty Limited & Anor v Simon Peter Camilleri & Ors [2006] NSWSC 1169

Superior Diamond Products Pty Limited & Anor v Simon Peter Camilleri & Ors [2006] NSWSC 1169

The Court was satisfied that Mr Adrian Camilleri made the first and second representations, knew they were false, caused a non-authentic sale contract to be sent, and intended the plaintiffs or the Trust to rely on those representations to their detriment. The evidence established reliance in making the second and third loans and entering into the equitable mortgages, and established resulting loss and damage to Tresaire. The third defendant was therefore liable to the second plaintiff for damages for deceit.

Jurisdiction
Australia
Judgment Date
09 November 2006
Procedural Posture
Proceeding for Damages for Deceit / Hearing on Liability; Assessment of Damages Referred to an Associate Justice for Determination
Outcome
Third defendant liable to second plaintiff for damages for deceit.
Legal Topics
['deceit' 'fraudulent Misrepresentation' 'civil Standard of Proof for Fraud' 'commercial Loans and Equitable Mortgages' 'assessment of Damages']
['equity' 'commercial Law' 'tort Law'] ['deceit' 'fraudulent Misrepresentation' 'civil Standard of Proof for Fraud' 'commercial Loans and Equitable Mortgages' 'assessment of Damages']

Case Brief

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Procedural Posture

Proceeding for Damages for Deceit / Hearing on Liability; Assessment of Damages Referred to an Associate Justice for Determination

Legal Issues

  1. 1 ['Whether Mr Adrian Camilleri made representations that a buyer had been found who was prepared to pay $25,500,000 for the land and that a contract had been made in the form of the purported sale contract.' 'Whether those representations were false, known by Mr Adrian Camilleri to be false, and made with the intention that the plaintiffs or the Trust would act to their detriment.' 'Whether Lemnos, the Trust or Tresaire relied on the representations in making the second and third loans and entering into the equitable mortgages.' 'Whether Tresaire, as second plaintiff and present trustee, suffered loss and damage by reason of the deceit.']

Ratio Decidendi

The Court was satisfied that Mr Adrian Camilleri made the first and second representations, knew they were false, caused a non-authentic sale contract to be sent, and intended the plaintiffs or the Trust to rely on those representations to their detriment. The evidence established reliance in making the second and third loans and entering into the equitable mortgages, and established resulting loss and damage to Tresaire. The third defendant was therefore liable to the second plaintiff for damages for deceit.

Court Disposition

Third defendant liable to second plaintiff for damages for deceit.

Orders

  • ['Assessment of damages as against the third defendant is referred to an Associate Justice for determination.' 'The third defendant is to pay the costs of the second plaintiff to date.']