WG Riverview Pty Ltd v Ireland [2019] NSWDC 79

WG Riverview Pty Ltd v Ireland [2019] NSWDC 79

The auction catalogue made a false and misleading representation by listing the bull as progeny of Granite Ridge Thomas; the plaintiff reasonably relied on this in entering the transaction; the disclaimer did not qualify the representation sufficiently to protect the defendants from liability under s 18 of the ACL. The plaintiff suffered loss as a result, assessed as the difference in value between stud and commercial cattle, less agreed marginal costs.

Parties
Plaintiff: WG Riverview Pty Limited; Defendant: Corey Dean Ireland; Defendant: Prudence Jane Ireland
Jurisdiction
Australia
Judgment Date
26 March 2019
Procedural Posture
Civil / Trial Judgment
Outcome
Judgment for the plaintiff for $200,191.88.
Legal Topics
False Representations, Misleading Conduct, Disclaimer Clause, Assessment of Damages, Mitigation, Contingencies
Commercial Law Consumer Law False Representations Misleading Conduct Disclaimer Clause Assessment of Damages Mitigation Contingencies

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 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

WG Riverview Pty Limited

Plaintiff

Corey Dean Ireland

Defendant

Prudence Jane Ireland

Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether the plaintiff was misled by representations about the bull's pedigree
  2. 2 Whether reliance on the representation was reasonable
  3. 3 Whether the disclaimer affected liability

Ratio Decidendi

The auction catalogue made a false and misleading representation by listing the bull as progeny of Granite Ridge Thomas; the plaintiff reasonably relied on this in entering the transaction; the disclaimer did not qualify the representation sufficiently to protect the defendants from liability under s 18 of the ACL. The plaintiff suffered loss as a result, assessed as the difference in value between stud and commercial cattle, less agreed marginal costs.

Court Disposition

Judgment for the plaintiff for $200,191.88.

Orders

  • Verdict and judgment for the plaintiff in the sum of $200,191.88.
  • The defendants are to pay the plaintiff's costs of the proceedings. This order is suspended for seven days to allow the parties to list the matter of costs for further argument.