Xiang v Ward (No 3) [2016] NSWDC 86
Mr Ward made misleading representations about AFS being a genuine operating business and owning fuel technology. He was aware that these representations were false. The plaintiff invested in reliance on these misrepresentations, entitling him to damages equal to his loss plus interest.
- Jurisdiction
- Australia
- Judgment Date
- 04 May 2016
- Procedural Posture
- Civil / Principal Judgment
- Outcome
- Judgment for the plaintiff.
- Legal Topics
- ['oral Representations' 'misleading Conduct' 'investment' 'share Agreements' 'employment Sponsorship' 'permanent Residency' 'damages']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil / Principal Judgment
Legal Issues
- 1 ['Whether the defendant engaged in misleading conduct regarding the business operations and investment prospects of AFS.' "Whether the plaintiff relied on the defendant's misleading representations in making his investment." 'Whether the defendant was knowingly concerned in the contravening conduct.']
Ratio Decidendi
Mr Ward made misleading representations about AFS being a genuine operating business and owning fuel technology. He was aware that these representations were false. The plaintiff invested in reliance on these misrepresentations, entitling him to damages equal to his loss plus interest.
Court Disposition
Judgment for the plaintiff.
Orders
- ['Judgment for plaintiff in the sum of $727,812.71 inclusive of interest.' 'The parties are directed within 7 days to provide to the judge’s associate a list of mutually convenient dates for an argument concerning costs.']
Full Case Text
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