Chiodo Corporation Pty Ltd v Refresh Finance Pty Ltd [2020] NSWSC 453

Chiodo Corporation Pty Ltd v Refresh Finance Pty Ltd [2020] NSWSC 453

Chiodo Corporation accepted La Trobe Financial Pty Ltd's offer subject to removal of the presales condition because it relied on misleading or deceptive representations made by Mr Lecordier of Infin8. Infin8 was Refresh's agent on the facts, so Infin8's conduct was conduct for which Refresh was bound. Refresh therefore did not become entitled to its facilitation fee, and Infin8 was not liable to indemnify Chiodo Corporation for a fee Chiodo Corporation was not liable to pay.

Jurisdiction
Australia
Judgment Date
05 May 2020
Procedural Posture
Appeal From Local Court Proceedings Concerning a Claimed Facilitation Fee, Misleading or Deceptive Conduct and a Cross Claim Against a Third Party / Appeal and Cross Appeal in the Supreme Court of New South Wales
Outcome
Chiodo Corporation Pty Ltd's appeal allowed; Infin8 Finance Group Pty Ltd's cross-appeal dismissed; Refresh Finance Pty Ltd's statement of claim dismissed; Chiodo Corporation Pty Ltd's cross-claim dismissed.
Legal Topics
['misleading or Deceptive Conduct' 'pre Contractual Representations' 'finance Broker Agency' "principal Bound by Agent's Conduct" 'appeals From Local Court' 'cross Claims']
['contract Law' 'australian Consumer Law' 'civil Procedure' 'corporations and Agency'] ['misleading or Deceptive Conduct' 'pre Contractual Representations' 'finance Broker Agency' "principal Bound by Agent's Conduct" 'appeals From Local Court' 'cross Claims']

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Procedural Posture

Appeal From Local Court Proceedings Concerning a Claimed Facilitation Fee, Misleading or Deceptive Conduct and a Cross Claim Against a Third Party / Appeal and Cross Appeal in the Supreme Court of New South Wales

Legal Issues

  1. 1 ["Whether Chiodo Corporation was induced to accept La Trobe Financial Pty Ltd's offer by representations that the presales condition would be removed." 'Whether Infin8 Finance Group Pty Ltd was acting as agent of Refresh Finance Pty Ltd rather than Chiodo Corporation.' "Whether Refresh Finance Pty Ltd was bound by Infin8 Finance Group Pty Ltd's misleading or deceptive conduct and therefore disentitled to its facilitation fee." "Whether Infin8 Finance Group Pty Ltd's cross-appeal should succeed on the basis that the finding of misleading or deceptive conduct and reliance was erroneous."]

Ratio Decidendi

Chiodo Corporation accepted La Trobe Financial Pty Ltd's offer subject to removal of the presales condition because it relied on misleading or deceptive representations made by Mr Lecordier of Infin8. Infin8 was Refresh's agent on the facts, so Infin8's conduct was conduct for which Refresh was bound. Refresh therefore did not become entitled to its facilitation fee, and Infin8 was not liable to indemnify Chiodo Corporation for a fee Chiodo Corporation was not liable to pay.

Court Disposition

Chiodo Corporation Pty Ltd's appeal allowed; Infin8 Finance Group Pty Ltd's cross-appeal dismissed; Refresh Finance Pty Ltd's statement of claim dismissed; Chiodo Corporation Pty Ltd's cross-claim dismissed.

Orders

  • ["Allow Chiodo Corporation Pty Ltd's appeal." "Dismiss Infin8 Finance Group Pty Ltd's cross-appeal." 'Set aside the orders made by her Honour Atkinson LCM on 29 October 2019.' 'In lieu thereof, order that the statement of claim filed by Refresh Finance Pty Ltd on 8 June 2018 be dismissed.' 'Set aside the costs...