Jebeli v Modir and Golyaei [2005] NSWCA 184

Jebeli v Modir and Golyaei [2005] NSWCA 184

The appellant's representation that the purchase price was the 'off the plan' price was misleading or deceptive conduct in trade or commerce under the Fair Trading Act 1987, and the respondents reasonably relied upon this representation to their detriment, suffering recoverable loss. The trial judge's findings were supported by the evidence, and the grounds of appeal did not warrant disturbing the decision or measure of damages.

Jurisdiction
Australia
Judgment Date
02 June 2005
Procedural Posture
Appeal / Decision on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
['misleading or Deceptive Conduct' 'fair Trading Act 1987 S 42' 'negligent Misrepresentation' 'admission of Illegally Obtained Evidence' 'measure of Damages for Misleading Conduct']
['trade Practices' 'negligence' 'evidence'] ['misleading or Deceptive Conduct' 'fair Trading Act 1987 S 42' 'negligent Misrepresentation' 'admission of Illegally Obtained Evidence' 'measure of Damages for Misleading Conduct']

Case Brief

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Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 ["Whether appellant's representation was made in 'trade or commerce' under Fair Trading Act 1987 s 42" 'Whether appellant owed and breached a duty of care (negligence)' "Whether appellant made a misrepresentation regarding the 'off the plan' price" 'Whether respondents reasonably relied on the misrepresentation' "Whether the loss/damages suffered by respondents were caused by appellant's conduct" 'Whether fresh evidence of attempt to suborn a witness should be admitted on appeal' 'Whether illegally obtained tape-recorded evidence should have been admitted at trial' 'Correct measure of damages for misleading conduct']

Ratio Decidendi

The appellant's representation that the purchase price was the 'off the plan' price was misleading or deceptive conduct in trade or commerce under the Fair Trading Act 1987, and the respondents reasonably relied upon this representation to their detriment, suffering recoverable loss. The trial judge's findings were supported by the evidence, and the grounds of appeal did not warrant disturbing the decision or measure of damages.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']