Opalswan Pty Ltd v Commercial & General Acceptances Pty Ltd & Anor [1996] FCA 1032

Opalswan Pty Ltd v Commercial & General Acceptances Pty Ltd & Anor [1996] FCA 1032

CAGA, through Scott, made representations regarding the availability and settlement of finance for the purchase of equipment which were found to be misleading and deceptive under s51A and s52 of the Trade Practices Act (Cth) and s9, s10 of the Fair Trading Act 1987 (WA). CAGA was liable for the conduct of its agent, Scott. The applicant was entitled to damages for loss suffered by relying on these representations.

Parties
Applicant: Opalswan Pty Ltd; First Respondent: Commercial and General Acceptances Pty Ltd; Second Respondent: Ian Scott
Jurisdiction
Australia
Judgment Date
18 November 1996
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for the applicant against the first respondent; issue of judgment against second respondent and costs reserved for submissions.
Legal Topics
Misleading and Deceptive Conduct, Unconscionable Conduct, Economic Duress, Consumer Protection
Trade and Commerce Equity Common Law Misleading and Deceptive Conduct Unconscionable Conduct Economic Duress Consumer Protection

Case Brief

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Parties

Opalswan Pty Ltd

Applicant

Commercial and General Acceptances Pty Ltd

First Respondent

Ian Scott

Second Respondent

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether representations as to finance and settlement were misleading and deceptive
  2. 2 Whether conduct constituted economic duress or unconscionable conduct
  3. 3 Whether Opalswan was at a special disadvantage and if requests for payment were unconscionable

Ratio Decidendi

CAGA, through Scott, made representations regarding the availability and settlement of finance for the purchase of equipment which were found to be misleading and deceptive under s51A and s52 of the Trade Practices Act (Cth) and s9, s10 of the Fair Trading Act 1987 (WA). CAGA was liable for the conduct of its agent, Scott. The applicant was entitled to damages for loss suffered by relying on these representations.

Court Disposition

Judgment for the applicant against the first respondent; issue of judgment against second respondent and costs reserved for submissions.

Orders

  • Judgment for Opalswan Pty Ltd against Commercial and General Acceptances Pty Ltd for $89,000.00
  • Issue whether judgment should be entered against Ian Scott reserved for submissions