EW Blanch Pty Ltd & Anor v Cooper & Anor [2005] NSWCA 217

EW Blanch Pty Ltd & Anor v Cooper & Anor [2005] NSWCA 217

Blanch failed to establish misleading or deceptive conduct by Mr Cooper; failings in brokerage income adjustment claims were due to lack of compliance with specified account preparation as contractually required; warranty breaches were not proven except for one, which at most entitled Blanch to nominal damages as the breach was not causative of loss. Appeal dismissed with costs.

Jurisdiction
Australia
Judgment Date
26 August 2005
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['share Sale Agreement' 'warranties' 'misleading or Deceptive Conduct' 'damages' 'adjustment Clauses']
['contract Law' 'commercial Law'] ['share Sale Agreement' 'warranties' 'misleading or Deceptive Conduct' 'damages' 'adjustment Clauses']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether statements by Mr Cooper regarding Mahoney's relationship with Zurich were misleading or deceptive per s 42 Fair Trading Act" 'Whether under the terms of the sale agreement (adjustment clauses) Blanch was entitled to payment based on reductions in brokerage income' "Whether breaches of warranties occurred under the sale agreement as to Mahoney's capacity to account for premiums and unusual or onerous provisions"]

Ratio Decidendi

Blanch failed to establish misleading or deceptive conduct by Mr Cooper; failings in brokerage income adjustment claims were due to lack of compliance with specified account preparation as contractually required; warranty breaches were not proven except for one, which at most entitled Blanch to nominal damages as the breach was not causative of loss. Appeal dismissed with costs.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs.' 'Liberty to apply within fourteen days for different order(s) in consequence of the entitlement to nominal damages.']