Borzi Smythe Pty Limted v Campbell Holdings (NSW) Ltd & anor [2007] NSWDC 371
The defendant did no more than communicate information from the vendor without adopting or endorsing it, and this did not amount to misleading or deceptive conduct under s. 52 of the Trade Practices Act or under the Fair Trading Act. The plaintiff did not prove that the defendant was liable or that any quantifiable damage was caused by the conduct alleged.
- Jurisdiction
- Australia
- Judgment Date
- 17 August 2007
- Procedural Posture
- Civil / Judgment at First Instance
- Outcome
- Verdict for the Defendant
- Legal Topics
- ['misleading and Deceptive Conduct' 'measure of Damages' 'agency' 'sale of Land' 'real Estate Transactions']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil / Judgment at First Instance
Legal Issues
- 1 ['Whether the defendant engaged in misleading and deceptive conduct contrary to s.52 of the Trade Practices Act and/or the Fair Trading Act' 'Whether the defendant was merely passing on information from another source or making a representation in his own right' 'Measure and proof of damages in a claim for misleading and deceptive conduct']
Ratio Decidendi
The defendant did no more than communicate information from the vendor without adopting or endorsing it, and this did not amount to misleading or deceptive conduct under s. 52 of the Trade Practices Act or under the Fair Trading Act. The plaintiff did not prove that the defendant was liable or that any quantifiable damage was caused by the conduct alleged.
Court Disposition
Verdict for the Defendant
Orders
- ["The Plaintiff is to pay the Defendant's costs." 'Liberty to apply for any consequential orders.']
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