Campbell v Tran [2024] NSWSC 204

Campbell v Tran [2024] NSWSC 204

The plaintiffs are entitled to recover against the first defendant (Ms Tran) damages representing specific money sums paid, property sale proceeds, and certain unpaid deposits, as a result of misleading or deceptive conduct under s 18 of the ACL (Cth), extended to individuals by s 6(3)(a) of the Competition and Consumer Act 2010 (Cth), since representations by Ms Tran about ownership and ability to sell an interest in the MAP Business were false, induced the plaintiffs' payments and property sales, and resulted in quantifiable loss. Certain portions relating to mentorship fees are not recoverable due to partial performance and absence of total failure of consideration.

Parties
First Plaintiff: Anthony Campbell; Second Plaintiff: Sherne Alice Campbell; First Defendant: Monika Thao Than Tran; Second Defendant: Red Sienna Pty Ltd
Jurisdiction
Australia
Judgment Date
06 March 2024
Procedural Posture
Principal Judgment / Findings After Final Hearing; Parties to Bring in Short Minutes of Order
Outcome
Findings in favour of the plaintiffs; parties to bring in short minutes of order. Plaintiffs entitled to monetary recovery in specified amounts. Ms Tran ordered to pay plaintiffs' costs on the ordinary basis.
Legal Topics
Misleading or Deceptive Conduct, Mentoring Agreement, Damages, Restitution, Trusts, Unjust Enrichment, Pleadings, Procedural Fairness
Equity Consumer Law Misleading or Deceptive Conduct Mentoring Agreement Damages Restitution Trusts Unjust Enrichment +2 more

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Parties

Anthony Campbell

First Plaintiff

Sherne Alice Campbell

Second Plaintiff

Monika Thao Than Tran

First Defendant

Red Sienna Pty Ltd

Second Defendant

Procedural Posture

Principal Judgment / Findings After Final Hearing; Parties to Bring in Short Minutes of Order

Legal Issues

  1. 1 Whether Ms Tran engaged in misleading or deceptive conduct under the Australian Consumer Law (ACL) by representing she owned and could sell an interest in the MAP Business
  2. 2 Whether there was a breach or failure of the mentorship/sales and marketing agreement
  3. 3 Whether the plaintiffs are entitled to restitution/damages for monies paid and property transferred pursuant to the impugned conduct

Ratio Decidendi

The plaintiffs are entitled to recover against the first defendant (Ms Tran) damages representing specific money sums paid, property sale proceeds, and certain unpaid deposits, as a result of misleading or deceptive conduct under s 18 of the ACL (Cth), extended to individuals by s 6(3)(a) of the Competition and Consumer Act 2010 (Cth), since representations by Ms Tran about ownership and ability to sell an interest in the MAP Business were false, induced the plaintiffs' payments and property sales, and resulted in quantifiable loss. Certain portions relating to mentorship fees are not recoverable due to partial performance and absence of total failure of consideration.

Court Disposition

Findings in favour of the plaintiffs; parties to bring in short minutes of order. Plaintiffs entitled to monetary recovery in specified amounts. Ms Tran ordered to pay plaintiffs' costs on the ordinary basis.