Smyth & McDonald v Mason & Mason Investments Pty Ltd t/as House Logic Solutions [2016] NSWCATCD 68

Smyth & McDonald v Mason & Mason Investments Pty Ltd t/as House Logic Solutions [2016] NSWCATCD 68

Zachary Mason, as sole director and personally involved, engaged in misleading and deceptive conduct causing loss to the applicants when they were induced to contract for building works with an entity unlicensed to carry them out and to pay significant sums for works not performed. The applicants relied on false or misleading representations and suffered quantifiable loss, entitling them to compensation from Zachary Mason personally.

Jurisdiction
Australia
Judgment Date
03 June 2016
Procedural Posture
Application / Reasons for Decision After Hearing
Outcome
Application allowed in part as against the second respondent; stayed as against first respondent.
Legal Topics
['misleading and Deceptive Conduct' 'unlicensed Contractor' 'corporations in Administration' 'home Building Contracts']
['consumer Law' 'building and Construction Law'] ['misleading and Deceptive Conduct' 'unlicensed Contractor' 'corporations in Administration' 'home Building Contracts']

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Procedural Posture

Application / Reasons for Decision After Hearing

Legal Issues

  1. 1 ['Whether the Tribunal had jurisdiction to determine a building claim against a company in administration and its sole director' 'Whether Zachary Mason could be personally joined and held liable for misleading and deceptive conduct' 'Whether the conduct of respondents, particularly Zachary Mason, contravened section 18 of the Australian Consumer Law' 'Whether applicants suffered compensable loss as a result of the misleading and deceptive conduct' 'Appropriate compensation and liquidated damages']

Ratio Decidendi

Zachary Mason, as sole director and personally involved, engaged in misleading and deceptive conduct causing loss to the applicants when they were induced to contract for building works with an entity unlicensed to carry them out and to pay significant sums for works not performed. The applicants relied on false or misleading representations and suffered quantifiable loss, entitling them to compensation from Zachary Mason personally.

Court Disposition

Application allowed in part as against the second respondent; stayed as against first respondent.

Orders

  • ['Zachary Mason is joined as a respondent in his personal capacity.' 'Proceedings against the first respondent are stayed pursuant to s 440 of Corporations Law 2001 due to administration.' 'Zachary Mason to pay the applicants $39,587.35 immediately, comprising $38,887.35 refund and $500.00 liquidated damages.'...