Ireland v WG Riverview Pty Ltd [2019] NSWCA 307

Ireland v WG Riverview Pty Ltd [2019] NSWCA 307

In the context of the sale, considering the parties’ experience, the nature of the industry, the prominent disclaimer, and the common knowledge of uncertainty in animal pedigree absent DNA testing, the Irelands’ representation as to the bull's sire was not a representation of certain fact but of honest belief, and was not misleading or deceptive. The award of damages for expectation loss was in any event not supported by the evidence or by the statutory measure for such contravention.

Jurisdiction
Australia
Judgment Date
20 December 2019
Procedural Posture
Civil Appeal / Court of Appeal – Post Trial Appeal From District Court
Outcome
Appeal allowed; judgment at first instance set aside.
Legal Topics
['misleading or Deceptive Conduct' 'damages' 'disclaimers in Contract' 'representation: Fact Vs Belief']
['trade Practices' 'consumer Law'] ['misleading or Deceptive Conduct' 'damages' 'disclaimers in Contract' 'representation: Fact Vs Belief']

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Procedural Posture

Civil Appeal / Court of Appeal – Post Trial Appeal From District Court

Legal Issues

  1. 1 ["Whether the appellants' conduct constituted misleading or deceptive conduct in light of the disclaimer in the auction catalogue" 'Whether the primary judge erred in awarding damages for expectation loss']

Ratio Decidendi

In the context of the sale, considering the parties’ experience, the nature of the industry, the prominent disclaimer, and the common knowledge of uncertainty in animal pedigree absent DNA testing, the Irelands’ representation as to the bull's sire was not a representation of certain fact but of honest belief, and was not misleading or deceptive. The award of damages for expectation loss was in any event not supported by the evidence or by the statutory measure for such contravention.

Court Disposition

Appeal allowed; judgment at first instance set aside.

Orders

  • ['Set aside the judgment entered, and the costs order made, at first instance on 26 March 2019.' "Order that the respondent pay the appellants' costs at first instance and on appeal." "Direct that the respondent have a certificate under the Suitors' Fund Act 1951 (NSW), if qualified."]