GARRY BRENT MARSHALL & ANOR v CBFC LIMITED & ANOR [2001] NSWCA 296

GARRY BRENT MARSHALL & ANOR v CBFC LIMITED & ANOR [2001] NSWCA 296

The appeal was dismissed as the trial judge was entitled to prefer the credibility of Mr Ireland over the plaintiffs, and no error in law or fact was demonstrated regarding his Honour's findings on fact or causation. The cross-appeal was dismissed as any losses claimed by CBFC Limited after 10 July 1997 were not causally linked to the misleading or deceptive conduct of CMV or Mr Ireland, as those effects were exhausted by that date.

Jurisdiction
Australia
Judgment Date
06 August 2001
Procedural Posture
Appeal and Cross Appeal / Decision on Appeal and Cross Appeal
Outcome
Appeal and cross-appeal dismissed
Legal Topics
['hire Purchase Agreements' 'misleading and Deceptive Conduct' 'fraud' 'appellate Review of Factual Findings' 'damages and Causation']
['contract Law' 'misrepresentation'] ['hire Purchase Agreements' 'misleading and Deceptive Conduct' 'fraud' 'appellate Review of Factual Findings' 'damages and Causation']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal and Cross Appeal / Decision on Appeal and Cross Appeal

Legal Issues

  1. 1 ['Whether Mr Ireland engaged in misleading and deceptive conduct or fraud towards the appellants in the hire purchase transaction' 'Whether the trial judge erred in dismissing claims of misrepresentation and damages against Mr Ireland and CMV Truck and Bus Pty Limited' "Whether damages claimed by CBFC Limited were causally linked to CMV's and Mr Ireland's misleading and deceptive conduct"]

Ratio Decidendi

The appeal was dismissed as the trial judge was entitled to prefer the credibility of Mr Ireland over the plaintiffs, and no error in law or fact was demonstrated regarding his Honour's findings on fact or causation. The cross-appeal was dismissed as any losses claimed by CBFC Limited after 10 July 1997 were not causally linked to the misleading or deceptive conduct of CMV or Mr Ireland, as those effects were exhausted by that date.

Court Disposition

Appeal and cross-appeal dismissed

Orders

  • ['Appeal dismissed' 'Appellants to pay the costs of the first and second respondents, CBFC Limited and Hayden Noel Ireland, of the appeal' 'Cross-appeal dismissed' 'Cross-appellant, CBFC Limited, to pay the costs of the first and second cross-respondents, Hayden Noel Ireland and CMV Truck and Bus Pty Limited, of the...