VAN ZEGGEREN v BORG [1996] NSWCA 544
The appellant, having affirmed the contract with knowledge of the fraudulent representation, was bound by it and not entitled to set aside the agreement or recover the amounts paid, absent proof of actual loss. No damages for deceit are payable without proven loss, and nominal damages are inappropriate in such cases. The trial judge's award of the purchase price balance plus interest to the respondent was upheld.
- Parties
- Appellant/defendant: URJ Van Zeggeren; Respondent/plaintiff: Borg
- Jurisdiction
- Australia
- Judgment Date
- 09 July 1996
- Procedural Posture
- Appeal / Judgment on Appeal
- Outcome
- appeal dismissed with costs
- Legal Topics
- Deceit, Fraudulent Misrepresentation, Damages, Interest, Affirmation of Contract
Case Brief
Summary, issues, holding and outcome
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Parties
URJ Van Zeggeren
Appellant/defendant
Borg
Respondent/plaintiff
Procedural Posture
Appeal / Judgment on Appeal
Legal Issues
- 1 Whether proof of loss is necessary to sustain a claim in deceit
- 2 Whether nominal damages can be awarded in absence of proven loss in deceit
- 3 Whether affirming a contract with knowledge of fraud precludes recovery for deceit
Ratio Decidendi
The appellant, having affirmed the contract with knowledge of the fraudulent representation, was bound by it and not entitled to set aside the agreement or recover the amounts paid, absent proof of actual loss. No damages for deceit are payable without proven loss, and nominal damages are inappropriate in such cases. The trial judge's award of the purchase price balance plus interest to the respondent was upheld.
Court Disposition
appeal dismissed with costs
Orders
- Appeal dismissed with costs
Full Case Text
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