Kavanagh v Blissett [2001] NSWCA 79

Kavanagh v Blissett [2001] NSWCA 79

The appellants are liable with the Builder under section 75B of the Trade Practices Act for misleading and deceptive conduct, as they associated themselves with false and misleading representations made to induce entry into the contract. The assessment of damages under s82 coincided with damages for breach of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 August 2001
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['collateral Contract' 'misleading and Deceptive Conduct' 'liability of Directors' 'assessment of Damages']
['contract Law' 'consumer Protection'] ['collateral Contract' 'misleading and Deceptive Conduct' 'liability of Directors' 'assessment of Damages']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the appellants are liable along with the Builder on a collateral contract' 'Whether the appellants are liable under the Trade Practices Act, s75B' 'Whether the assessment of damages under s82 of the Trade Practices Act was flawed']

Ratio Decidendi

The appellants are liable with the Builder under section 75B of the Trade Practices Act for misleading and deceptive conduct, as they associated themselves with false and misleading representations made to induce entry into the contract. The assessment of damages under s82 coincided with damages for breach of contract. However, the majority found no liability under a collateral contract, as the appellants' representations were made as directors and not in their personal capacity.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']