RAMSAY v VOGLER [1999] NSWSC 120

RAMSAY v VOGLER [1999] NSWSC 120

The Fair Trading Act 1987 (NSW) does not apply to conduct or representations made in Queensland; the only plaintiff entitled to relief for fraud was Mr Ramsey whose loss from fraudulent misrepresentation by Mr Davies was to be assessed. All other claims against Mrs Vogler and Mr Davies failed as conduct was found not to have occurred in New South Wales and there was no actionable misleading or deceptive conduct; on the cross-claim, Mrs Vogler was entitled to the remaining sum of $20,000 from Welcome Waggon of Australia (NSW) Pty Ltd.

Jurisdiction
Australia
Judgment Date
26 February 1999
Procedural Posture
Equity Proceedings / Judgment
Outcome
Partial judgment for plaintiff and cross-claimant, remaining claims dismissed.
Legal Topics
['misleading and Deceptive Conduct' 'fraudulent Misrepresentation' 'extraterritorial Application' 'damages' 'contractual Warranties' 'jurisdiction']
['equity' 'trade Practices' 'fraud' 'contract'] ['misleading and Deceptive Conduct' 'fraudulent Misrepresentation' 'extraterritorial Application' 'damages' 'contractual Warranties' 'jurisdiction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Proceedings / Judgment

Legal Issues

  1. 1 ['Whether representations constituted misleading or deceptive conduct under Fair Trading Act 1987 (NSW)' 'Whether Fair Trading Act 1987 (NSW) applied to conduct occurring outside New South Wales' 'Whether contractual warranties excluded liability' 'Whether fraud occurred and damages are owing' 'Whether total failure of consideration occurred']

Ratio Decidendi

The Fair Trading Act 1987 (NSW) does not apply to conduct or representations made in Queensland; the only plaintiff entitled to relief for fraud was Mr Ramsey whose loss from fraudulent misrepresentation by Mr Davies was to be assessed. All other claims against Mrs Vogler and Mr Davies failed as conduct was found not to have occurred in New South Wales and there was no actionable misleading or deceptive conduct; on the cross-claim, Mrs Vogler was entitled to the remaining sum of $20,000 from Welcome Waggon of Australia (NSW) Pty Ltd.

Court Disposition

Partial judgment for plaintiff and cross-claimant, remaining claims dismissed.

Orders

  • ['Judgment for Leicester Denis Ramsey against John Davies for damages and interest to be assessed.' "Enquiry before a Master to ascertain and certify damages and interest, judgment to follow Master's certificate." "Judgment for Defendants on Plaintiffs' claims, save as aforesaid." 'Judgment for Juanita Kay Vogler...