Bledniak-Zander v Grays.Com Pty Ltd [2021] NSWCATCD 128

Bledniak-Zander v Grays.Com Pty Ltd [2021] NSWCATCD 128

The first respondent acted solely as agent and was not personally liable for the misleading and deceptive conduct of the second respondent. The second respondent's act of blacking out warning lights constituted misleading and deceptive conduct under Section 18 of the ACL, directly causing the applicant's loss. Damages were assessed on the costs reasonably attributable to that conduct.

Parties
Applicant: Robert Bledniak-Zander; First Respondent: Grays.Com Pty Ltd; Second Respondent: Home & Away Properties Pty Ltd
Jurisdiction
Australia
Judgment Date
10 November 2021
Procedural Posture
Consumer Claim / Final Decision
Outcome
Partly in favour of applicant against second respondent; claim against first respondent dismissed.
Legal Topics
Misleading and Deceptive Conduct, Agency, Damages, Motor Vehicle
Consumer Law Misleading and Deceptive Conduct Agency Damages Motor Vehicle

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 3 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Robert Bledniak-Zander

Applicant

Grays.Com Pty Ltd

First Respondent

Home & Away Properties Pty Ltd

Second Respondent

Procedural Posture

Consumer Claim / Final Decision

Legal Issues

  1. 1 Whether the conduct of the second respondent was misleading and deceptive under Section 18 of the Australian Consumer Law
  2. 2 Whether the first respondent as agent is liable for the conduct
  3. 3 Assessment of damages resulting from misleading and deceptive conduct

Ratio Decidendi

The first respondent acted solely as agent and was not personally liable for the misleading and deceptive conduct of the second respondent. The second respondent's act of blacking out warning lights constituted misleading and deceptive conduct under Section 18 of the ACL, directly causing the applicant's loss. Damages were assessed on the costs reasonably attributable to that conduct.

Court Disposition

Partly in favour of applicant against second respondent; claim against first respondent dismissed.

Orders

  • The second respondent, Home & Away Properties Pty Ltd, is to pay the applicant, Robert Bledniak-Zander, the amount of $2,138.02 on or before 23 November 2021.
  • All other claims are dismissed.