Higgins and Ors v Sinclair (No. 2) [2011] NSWSC 238

Higgins and Ors v Sinclair (No. 2) [2011] NSWSC 238

The findings supported declaratory, injunctive, and monetary relief for the plaintiffs: the defendant engaged in misleading and deceptive conduct as defined by the Fair Trading Act 1987 and made defamatory statements about the plaintiffs, warranting declarations, permanent injunctions, and damages.

Jurisdiction
Australia
Judgment Date
31 March 2011
Procedural Posture
Consequential Orders / Post Judgment Orders and Relief
Outcome
Declaratory relief, monetary judgments for the first and second plaintiffs, injunctive relief, costs order for plaintiffs, and directions regarding exhibits granted.
Legal Topics
['misleading and Deceptive Conduct' 'declaratory Relief' 'injunctive Relief' 'damages']
['defamation' 'consumer Protection'] ['misleading and Deceptive Conduct' 'declaratory Relief' 'injunctive Relief' 'damages']

Case Brief

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Procedural Posture

Consequential Orders / Post Judgment Orders and Relief

Legal Issues

  1. 1 ['Whether declaratory and injunctive relief should be granted regarding statements made by the defendant' 'Whether the defendant engaged in misleading and/or deceptive conduct under the Fair Trading Act 1987' 'Entitlement to damages for defamation']

Ratio Decidendi

The findings supported declaratory, injunctive, and monetary relief for the plaintiffs: the defendant engaged in misleading and deceptive conduct as defined by the Fair Trading Act 1987 and made defamatory statements about the plaintiffs, warranting declarations, permanent injunctions, and damages.

Court Disposition

Declaratory relief, monetary judgments for the first and second plaintiffs, injunctive relief, costs order for plaintiffs, and directions regarding exhibits granted.

Orders

  • ['Declaration that Power & Data Corporation owns the Intellectual Property in the Mainline system' "Declaration of defendant's misleading and/or deceptive conduct by seven specific representations" 'Judgment for the first plaintiff in the sum of $100,000.00' 'Judgment for the second plaintiff in the sum of...