Ramsey & Ors v Vogler [2000] NSWCA 260

Ramsey & Ors v Vogler [2000] NSWCA 260

Mr Davies made fraudulent representations to Mr Ramsey while acting within the general authority conferred on him by Ms Vogler, and Ms Vogler was vicariously liable for those representations. The representations made by telephone and post from Queensland were received by, and intended to be acted on by, Mr Ramsey in New South Wales, and constituted conduct and representations in New South Wales for the purposes of the Fair Trading Act 1987 (NSW). The first appellant was therefore entitled to judgment against the respondent for damages and interest to be assessed.

Jurisdiction
Australia
Judgment Date
13 October 2000
Procedural Posture
Civil Appeal / Appeal From Orders of Bryson J in the Supreme Court Equity Division
Outcome
Appeal allowed; Order 3 made by Bryson J on 26 February 1999 set aside; judgment given for the first appellant against the respondent for damages and interest to be assessed; respondent ordered to pay the first appellant's costs of the Equity Division proceedings and the appeal.
Legal Topics
['false Representations' 'vicarious Liability of Principal for Agent' 'misleading and Deceptive Conduct' 'fair Trading Act 1987 (nsw)' 'place of Conduct by Telephone and Post' 'fraudulent Misrepresentation']
['agency' 'consumer Protection' 'tort' 'equity'] ['false Representations' 'vicarious Liability of Principal for Agent' 'misleading and Deceptive Conduct' 'fair Trading Act 1987 (nsw)' 'place of Conduct by Telephone and Post' 'fraudulent Misrepresentation']

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Procedural Posture

Civil Appeal / Appeal From Orders of Bryson J in the Supreme Court Equity Division

Legal Issues

  1. 1 ['Whether Ms Vogler was vicariously liable for fraudulent representations made by her agent, Mr Davies, in the course of his authority.' 'Whether representations made by telephone and post from Queensland to Mr Ramsey in New South Wales constituted conduct in New South Wales for the purposes of the Fair Trading Act 1987 (NSW).' 'Whether the Fair Trading Act 1987 (NSW) conferred a remedy on Mr Ramsey against Ms Vogler.' 'Whether Order 3 made by Bryson J should be set aside and judgment entered for the first appellant against the respondent.']

Ratio Decidendi

Mr Davies made fraudulent representations to Mr Ramsey while acting within the general authority conferred on him by Ms Vogler, and Ms Vogler was vicariously liable for those representations. The representations made by telephone and post from Queensland were received by, and intended to be acted on by, Mr Ramsey in New South Wales, and constituted conduct and representations in New South Wales for the purposes of the Fair Trading Act 1987 (NSW). The first appellant was therefore entitled to judgment against the respondent for damages and interest to be assessed.

Court Disposition

Appeal allowed; Order 3 made by Bryson J on 26 February 1999 set aside; judgment given for the first appellant against the respondent for damages and interest to be assessed; respondent ordered to pay the first appellant's costs of the Equity Division proceedings and the appeal.

Orders

  • ['Appeal allowed.' 'Set aside Order 3 made by Bryson J on 26 February 1999.' 'In lieu thereof, give judgment for the first appellant, Leicester Denis Ramsey, against the respondent, Juanita Kay Vogler, for damages and interest to be assessed.' 'Order that, unless within 21 days the respondent gives notice by letter...