Magenta Nominees Pty Ltd v Richard Ellis (Western Australia) Pty Ltd & Ors [1995] FCA 671

Magenta Nominees Pty Ltd v Richard Ellis (Western Australia) Pty Ltd & Ors [1995] FCA 671

The appeal was dismissed because the findings of fact by the trial judge on the issues of misrepresentation, reliance, and damages were open on the evidence and involved assessment of credibility, which an appellate court will not overturn absent error of principle. The cross-appeal failed as the findings regarding misleading or deceptive conduct about payment of Council rates were also open on the evidence. The costs orders following a Calderbank offer were a proper exercise of judicial discretion.

Parties
Appellant/cross Respondent: Magenta Nominees Pty Ltd; First Respondent/cross Appellant: Richard Ellis (Western Australia) Pty Ltd; Second Respondent: Alexander John Corbett; Third Respondent/cross Appellant: Paul Winton
Jurisdiction
Australia
Judgment Date
29 August 1995
Procedural Posture
Appeal and Cross Appeal From Judgment of a Single Judge of the Federal Court of Australia / Judgment of the Full Court on Appeal and Cross Appeal
Outcome
Appeal dismissed with costs; Cross-appeal dismissed with costs.
Legal Topics
Misleading or Deceptive Conduct, Assessment of Damages, Breach of Contract, Negligence, Valuation of Property, Costs Orders, Reliance and Causation
Trade Practices Contract Law Tort Law Real Property Costs Misleading or Deceptive Conduct Assessment of Damages Breach of Contract +4 more

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Parties

Magenta Nominees Pty Ltd

Appellant/cross Respondent

Richard Ellis (Western Australia) Pty Ltd

First Respondent/cross Appellant

Alexander John Corbett

Second Respondent

Paul Winton

Third Respondent/cross Appellant

Procedural Posture

Appeal and Cross Appeal From Judgment of a Single Judge of the Federal Court of Australia / Judgment of the Full Court on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the primary judge erred in finding there was no misrepresentation or reliance in the sale of the shopping centre
  2. 2 Whether damages were proved and properly assessed in relation to the alleged misrepresentations
  3. 3 Whether the primary judge erred in the valuation of the shopping centre and assessment of damages

Ratio Decidendi

The appeal was dismissed because the findings of fact by the trial judge on the issues of misrepresentation, reliance, and damages were open on the evidence and involved assessment of credibility, which an appellate court will not overturn absent error of principle. The cross-appeal failed as the findings regarding misleading or deceptive conduct about payment of Council rates were also open on the evidence. The costs orders following a Calderbank offer were a proper exercise of judicial discretion.

Court Disposition

Appeal dismissed with costs; Cross-appeal dismissed with costs.

Orders

  • The appeal be dismissed with costs.
  • The cross-appeal be dismissed with costs.