Ambs v Fraser [2017] NSWCATCD 93

Ambs v Fraser [2017] NSWCATCD 93

The applicant failed to establish on the balance of probabilities that the respondent was in breach of contractual obligations in relation to any of the five contracts, or that there was misleading, deceptive or unconscionable conduct by the respondent. The respondent provided some work under the contracts, no total failure of consideration was found, and no actual loss was adequately proved as required for damages. No statutory or contractual entitlement to refund or return of documents was established. The application must be dismissed.

Parties
Applicant: Janette Ambs; Respondent: Wayne Fraser
Jurisdiction
Australia
Judgment Date
11 December 2017
Procedural Posture
Consumer and Commercial Division Consumer Claim / Final Hearing and Determination
Outcome
Application dismissed
Legal Topics
Refund Claim for Contracted Services, Return of Documents, Australian Consumer Law (nsw), Breach of Contract, Misleading or Deceptive Conduct, Unconscionable Conduct
Consumer Law Contract Law Refund Claim for Contracted Services Return of Documents Australian Consumer Law (nsw) Breach of Contract Misleading or Deceptive Conduct Unconscionable Conduct

Case Brief

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Parties

Janette Ambs

Applicant

Wayne Fraser

Respondent

Procedural Posture

Consumer and Commercial Division Consumer Claim / Final Hearing and Determination

Legal Issues

  1. 1 Whether the respondent breached any contractual obligations under five contracts with the applicant
  2. 2 Whether the respondent engaged in misleading or deceptive conduct or unconscionable conduct under Australian Consumer Law (NSW)
  3. 3 Entitlement to refund and/or return of documents

Ratio Decidendi

The applicant failed to establish on the balance of probabilities that the respondent was in breach of contractual obligations in relation to any of the five contracts, or that there was misleading, deceptive or unconscionable conduct by the respondent. The respondent provided some work under the contracts, no total failure of consideration was found, and no actual loss was adequately proved as required for damages. No statutory or contractual entitlement to refund or return of documents was established. The application must be dismissed.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • No order as to costs.