McCarthy, Ronald Ian & Ors v McIntyre, Neville & Ors [1998] FCA 560

McCarthy, Ronald Ian & Ors v McIntyre, Neville & Ors [1998] FCA 560

While the respondents engaged in misleading and deceptive conduct in supplying inflated sales figures to the valuer, the applicants did not establish relevant detrimental reliance or suffered loss as a result; therefore, claims for damages and relief cannot be made out at this stage.

Parties
Applicant: Ronald Ian McCarthy; Applicant: Maxwell McCarthy; Applicant: Edlan No. 54 Pty Limited; Respondent: Neville McIntyre; Respondent: Auro Romano McIntyre; Respondent: Nevitoro Investments Pty Limited; Respondent: Itala Belinda McIntyre; Respondent: Cheryl Gai McIntyre
Jurisdiction
Australia
Judgment Date
19 May 1998
Procedural Posture
Civil / Reasons for Judgment (no Formal Orders; Interlocutory)
Outcome
No formal orders made; matter stands over for further argument and evidence on cross-claim and any other claims.
Legal Topics
Misleading and Deceptive Conduct, Overstatement of Sales Figures, Knowingly Concerned in Contravention, Reliance, Damages, Share Transactions, Hotel Valuation
Trade Practices Contracts Corporations Fair Trading Misleading and Deceptive Conduct Overstatement of Sales Figures Knowingly Concerned in Contravention Reliance +3 more

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Parties

Ronald Ian McCarthy

Applicant

Maxwell McCarthy

Applicant

Edlan No. 54 Pty Limited

Applicant

Neville McIntyre

Respondent

Auro Romano McIntyre

Respondent

Nevitoro Investments Pty Limited

Respondent

Itala Belinda McIntyre

Respondent

Cheryl Gai McIntyre

Respondent

Procedural Posture

Civil / Reasons for Judgment (no Formal Orders; Interlocutory)

Legal Issues

  1. 1 Whether respondents engaged in misleading and deceptive conduct by overstating sales figures for hotel
  2. 2 Whether respondents were knowingly concerned in the conduct
  3. 3 Whether overstatement was for purpose of supplying to valuer

Ratio Decidendi

While the respondents engaged in misleading and deceptive conduct in supplying inflated sales figures to the valuer, the applicants did not establish relevant detrimental reliance or suffered loss as a result; therefore, claims for damages and relief cannot be made out at this stage.

Court Disposition

No formal orders made; matter stands over for further argument and evidence on cross-claim and any other claims.