O'Connell, Ian & Anor v Havencharm Pty Ltd & Ors [1996] FCA 204

O'Connell, Ian & Anor v Havencharm Pty Ltd & Ors [1996] FCA 204

The respondents, through misleading and deceptive conduct in breach of s.42 of the Fair Trading Act 1987 (NSW), induced the applicants to invest monies which were dissipated, resulting in loss to the applicants, and judgment should be entered for the proven amount.

Jurisdiction
Australia
Judgment Date
12 March 1996
Procedural Posture
Civil Claim / Judgment on Motion for Default
Outcome
Judgment for the applicants for the sum of $109,735.49
Legal Topics
['misrepresentation' 'misleading and Deceptive Conduct']
['commercial Law'] ['misrepresentation' 'misleading and Deceptive Conduct']

Case Brief

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Procedural Posture

Civil Claim / Judgment on Motion for Default

Legal Issues

  1. 1 ['Whether the respondents engaged in misleading and deceptive conduct in breach of s.42 of the Fair Trading Act 1987 (NSW)' 'Whether the applicants are entitled to recover monies invested and interest']

Ratio Decidendi

The respondents, through misleading and deceptive conduct in breach of s.42 of the Fair Trading Act 1987 (NSW), induced the applicants to invest monies which were dissipated, resulting in loss to the applicants, and judgment should be entered for the proven amount.

Court Disposition

Judgment for the applicants for the sum of $109,735.49

Orders

  • ['Judgment against first, second and third respondents for $109,735.49']