Frontline Hobbies Pty Limited v Peter Loveday [2009] NSWDC 87

Frontline Hobbies Pty Limited v Peter Loveday [2009] NSWDC 87

The plaintiff relied on misleading representations made by Mr Loveday about the capabilities of RunIt software and its integration with the plaintiff's business operations and website. These representations induced the plaintiff to contract, resulting in recoverable losses. Mr Loveday was knowingly and directly...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 May 2009
Procedural Posture
Civil / Judgment
Outcome
Verdict for the Plaintiff
Legal Topics
['misleading and Deceptive Conduct' 'damages Assessment' 'director Liability' 'software Supply Contracts']
['contract Law' 'consumer Law'] ['misleading and Deceptive Conduct' 'damages Assessment' 'director Liability' 'software Supply Contracts']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether Peter Loveday was knowingly and directly concerned in misleading and deceptive conduct' 'Assessment of damages flowing from misleading conduct' 'Whether representations about software integration constituted misleading conduct' 'Whether the plaintiff relied on representations in entering contract']

Ratio Decidendi

The plaintiff relied on misleading representations made by Mr Loveday about the capabilities of RunIt software and its integration with the plaintiff's business operations and website. These representations induced the plaintiff to contract, resulting in recoverable losses. Mr Loveday was knowingly and directly concerned in the misleading conduct and thus liable under s 75B and s 82(1) of the Trade Practices Act 1974 (Cth).

Court Disposition

Verdict for the Plaintiff

Orders

  • ['Judgment for the Plaintiff in the amount of $121,865.90' 'Plaintiff entitled to interest as per s 100 Civil Procedure Act 2000 (amount to be calculated)' 'Costs on the ordinary basis to follow the event (subject to further submissions)' 'Exhibits to be returned']