Nano Logistics Pty Ltd v Raby Omran [2024] NSWSC 236

Nano Logistics Pty Ltd v Raby Omran [2024] NSWSC 236

Nano's case failed because its sole witness conceded that Mr Omran did not make the alleged Refund Representation; instead, it was made by Mr Fakhri. The evidence failed to establish Mr Omran's involvement in misleading or deceptive conduct, and there was no proper basis for findings of dishonesty or accessory liability under the ACL.

Parties
Plaintiff: Nano Logistics Pty Ltd; Defendant: Raby Omran
Jurisdiction
Australia
Judgment Date
07 March 2024
Procedural Posture
Equity / Principal Judgment
Outcome
Statement of claim dismissed with costs.
Legal Topics
Misleading or Deceptive Conduct, Liability of Intermediaries
Consumer Law Misleading or Deceptive Conduct Liability of Intermediaries

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Nano Logistics Pty Ltd

Plaintiff

Raby Omran

Defendant

Procedural Posture

Equity / Principal Judgment

Legal Issues

  1. 1 Whether Mr Omran engaged in misleading or deceptive conduct under the Australian Consumer Law
  2. 2 Whether Mr Omran was knowingly involved in RDS' conduct
  3. 3 Whether representations regarding a refund and return of plywood were made by Mr Omran

Ratio Decidendi

Nano's case failed because its sole witness conceded that Mr Omran did not make the alleged Refund Representation; instead, it was made by Mr Fakhri. The evidence failed to establish Mr Omran's involvement in misleading or deceptive conduct, and there was no proper basis for findings of dishonesty or accessory liability under the ACL.

Court Disposition

Statement of claim dismissed with costs.

Orders

  • Statement of claim dismissed.
  • The plaintiff is to pay the defendant's costs of the proceedings.