Culligan & Anor v Aco Pty Ltd [2009] NSWCA 290

Culligan & Anor v Aco Pty Ltd [2009] NSWCA 290

The evidence did not support the primary judge’s finding that misleading representations were made or that such representations caused Aco any loss. The representations made by Ms Culligan were either not false or not actionable on the pleaded case, and in any event, Aco failed to prove causation between any contravening conduct and its loss.

Jurisdiction
Australia
Judgment Date
15 September 2009
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed; orders of primary judge set aside; judgment entered for appellants; respondent to pay costs.
Legal Topics
['misleading or Deceptive Conduct' 'causation' 'pre Contractual Representations' 'damages' 'contractual Disclaimers']
['trade Practices' 'contract'] ['misleading or Deceptive Conduct' 'causation' 'pre Contractual Representations' 'damages' 'contractual Disclaimers']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether appellants engaged in misleading or deceptive conduct under Trade Practices Act 1974 (Cth) s 52(1) and Fair Trading Act 1987 (NSW) s 42(1)' 'Whether alleged representations were made and relied upon' 'Whether representations caused loss or damage to respondent' 'Effect of contractual disclaimer on reliance']

Ratio Decidendi

The evidence did not support the primary judge’s finding that misleading representations were made or that such representations caused Aco any loss. The representations made by Ms Culligan were either not false or not actionable on the pleaded case, and in any event, Aco failed to prove causation between any contravening conduct and its loss.

Court Disposition

Appeal allowed; orders of primary judge set aside; judgment entered for appellants; respondent to pay costs.

Orders

  • ['Set aside the order made by Johnstone DCJ on 24 February 2009.' 'Enter judgment for the appellants (the first and second defendants).' "Order the respondent to pay the appellants' costs of the trial and of the appeal." 'Respondent, if otherwise qualified, should have a certificate under the Suitors Fund Act 1951...