Kelly v Australia and New Zealand Banking Group Limited [2014] NSWSC 426

Kelly v Australia and New Zealand Banking Group Limited [2014] NSWSC 426

The Court was not satisfied that any binding promise or contract was made by ANZ to appoint the plaintiff's company to its panel of quantity surveyors, nor that ANZ engaged in misleading or deceptive conduct. The alleged email was found not genuine and was fabricated. The plaintiff's evidence was not credible and did not establish the claim on the balance of probabilities.

Jurisdiction
Australia
Judgment Date
11 April 2014
Procedural Posture
Civil / Principal Judgment
Outcome
Plaintiff's claim dismissed; directions for further orders on cross-claim.
Legal Topics
['alleged Breach of Contract' 'misleading and Deceptive Conduct' 'trade Practices Act S 52']
['contract Law' 'consumer Protection'] ['alleged Breach of Contract' 'misleading and Deceptive Conduct' 'trade Practices Act S 52']

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ["Whether the defendant promised to appoint the plaintiff's company to its panel of quantity surveyors in exchange for the plaintiff remaining a customer and taking loans" 'Whether such promise constituted a contract between plaintiff and defendant' 'Whether defendant engaged in misleading or deceptive conduct under s 52 of Trade Practices Act 1974 (Cth)']

Ratio Decidendi

The Court was not satisfied that any binding promise or contract was made by ANZ to appoint the plaintiff's company to its panel of quantity surveyors, nor that ANZ engaged in misleading or deceptive conduct. The alleged email was found not genuine and was fabricated. The plaintiff's evidence was not credible and did not establish the claim on the balance of probabilities.

Court Disposition

Plaintiff's claim dismissed; directions for further orders on cross-claim.

Orders

  • ['There was no contract to the effect pleaded in the Statement of Claim.' 'ANZ did not engage in conduct that was misleading or deceptive, or likely to mislead or deceive.' 'Proceedings re-listed at 2.00pm on 22 April 2014 for purpose of further directions and final orders.']