TROULIS and ANOR v VAMVOUKAKIS and ANOR [1998] NSWCA 237

TROULIS and ANOR v VAMVOUKAKIS and ANOR [1998] NSWCA 237

No damages may be awarded for misleading or deceptive conduct in the absence of evidence permitting rational assessment of the value of goodwill; the trial judge erred by making an unsubstantiated estimate with no evidentiary foundation.

Parties
Appellants: Mr and Mrs Troulis; Respondents: Mr and Mrs Vamvoukakis
Jurisdiction
Australia
Judgment Date
27 February 1998
Procedural Posture
Appeal / Court of Appeal Decision Following District Court Judgment
Outcome
Appeal allowed; cross-appeal dismissed; judgment for respondents in agreed amounts only; formal orders postponed for parties to file agreed orders or further submissions on interest and costs.
Legal Topics
Misleading or Deceptive Conduct, Valuation of Goodwill, Assessment of Damages, Arbitration Procedure
Damages Fair Trading Practice and Procedure Misleading or Deceptive Conduct Valuation of Goodwill Assessment of Damages Arbitration Procedure

Case Brief

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Parties

Mr and Mrs Troulis

Appellants

Mr and Mrs Vamvoukakis

Respondents

Procedural Posture

Appeal / Court of Appeal Decision Following District Court Judgment

Legal Issues

  1. 1 Whether damages should be awarded for misleading and deceptive conduct under the Fair Trading Act 1987 in the absence of evidence permitting rational assessment of the value of goodwill
  2. 2 Whether the trial judge erred in findings of fact regarding alleged representations about business takings
  3. 3 Whether the limitation period under s68(2) Fair Trading Act precludes the claim

Ratio Decidendi

No damages may be awarded for misleading or deceptive conduct in the absence of evidence permitting rational assessment of the value of goodwill; the trial judge erred by making an unsubstantiated estimate with no evidentiary foundation.

Court Disposition

Appeal allowed; cross-appeal dismissed; judgment for respondents in agreed amounts only; formal orders postponed for parties to file agreed orders or further submissions on interest and costs.

Orders

  • Previous judgment set aside; judgment to respondents in the amounts agreed between the parties (damages for conversion and interest, less rent arrears and interest); no damages for misleading and deceptive conduct; making of formal orders postponed for submissions on interest and costs.