Macko v. Commonwealth Securities Limited [2002] NSWCA 159

Macko v. Commonwealth Securities Limited [2002] NSWCA 159

The appellant's failure to disclose loss of authority and cessation as director constituted misleading, deceptive conduct and deceit, materially affecting the respondent's decision to advance credit to DS, and causally leading to the respondent's loss. Statutory and tortious measures of damages apply.

Jurisdiction
Australia
Judgment Date
24 May 2002
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['deceit' 'misleading or Deceptive Conduct' 'ostensible Authority' 'company Representation' 'causation of Loss']
['tort' 'trade Practices' 'corporate Law'] ['deceit' 'misleading or Deceptive Conduct' 'ostensible Authority' 'company Representation' 'causation of Loss']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the appellant made material misrepresentations regarding authority and association with Deutsche Securities Pty Ltd' "Whether such misrepresentations were causative of the respondent's loss" 'Appropriate measure of damages for misleading conduct and deceit']

Ratio Decidendi

The appellant's failure to disclose loss of authority and cessation as director constituted misleading, deceptive conduct and deceit, materially affecting the respondent's decision to advance credit to DS, and causally leading to the respondent's loss. Statutory and tortious measures of damages apply.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']