Conacher & Ors v Crews [2007] NSWDC 271

Conacher & Ors v Crews [2007] NSWDC 271

The Court found that Terry Crews made false and misleading representations about Multelink and its Smartphone product to each plaintiff, causing them to purchase shares pursuant to those representations. This conduct constituted misleading and deceptive conduct in breach of s.42 of the Fair Trading Act. As a result, each plaintiff is entitled to recover the amount paid for the shares, as the shares are now worthless and were acquired by reason of the misleading conduct.

Jurisdiction
Australia
Judgment Date
13 December 2007
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for all four plaintiffs against the defendant.
Legal Topics
['misleading and Deceptive Conduct' 'share Purchase' 'damages' 'representations' 'section 42 Fair Trading Act' 'section 52 Trade Practices Act']
['commercial Law' 'consumer Law'] ['misleading and Deceptive Conduct' 'share Purchase' 'damages' 'representations' 'section 42 Fair Trading Act' 'section 52 Trade Practices Act']

Case Brief

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Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ['Whether defendant made misleading or deceptive representations to plaintiffs about Multelink and its products' 'Whether plaintiffs relied on those representations in purchasing shares' 'Assessment of damages for misleading and deceptive conduct' 'Causation of loss under Fair Trading Act']

Ratio Decidendi

The Court found that Terry Crews made false and misleading representations about Multelink and its Smartphone product to each plaintiff, causing them to purchase shares pursuant to those representations. This conduct constituted misleading and deceptive conduct in breach of s.42 of the Fair Trading Act. As a result, each plaintiff is entitled to recover the amount paid for the shares, as the shares are now worthless and were acquired by reason of the misleading conduct.

Court Disposition

Judgment for all four plaintiffs against the defendant.

Orders

  • ['Judgment for 1st Plaintiff for $50,000 plus interest.' 'Judgment for 2nd Plaintiff for $50,000 plus interest.' 'Judgment for 3rd Plaintiff for $50,000 plus interest.' 'Judgment for 4th Plaintiff for $99,900 plus interest.' "Crews to pay each of the Plaintiffs' costs of the proceedings."]