The Court held that the second defendant engaged in misleading or deceptive conduct by passing on a false invoice and oral representations about a direct JBX supply relationship.
The Court dismissed a family proprietary estoppel claim over the Illawong property, finding some representations and reliance but no real or substantial detriment.
Husseini v Girchow Enterprises Pty Ltd [2024] FCAFC 143
The Full Court allowed an appeal in a franchising dispute, finding the appellant's conduct in signing disclosure documents did not establish the necessary reliance and causation.
Elanor Funds Management Ltd v Alceon Group Pty Ltd [2024] FCAFC 121
The Full Court allowed Elanor’s appeal, finding misleading conduct about tenant arrears in a shopping centre sale and awarding damages against both respondents.
The Court found misleading and deceptive conduct in the sale of a pharmacy business, awarded damages for goodwill loss and loan interest, and ordered costs.
['misleading or deceptive conduct in sale of a business' 'financial statements and business records supplied to prospective purchaser' 'no transaction case' 'reliance' 'proportionate liability' 'assessment of damages' 'pre-judgment interest']
Appeal about misleading off-the-plan apartment marketing, reliance, and contractual disclaimers. The Full Court allowed the appeal in part and ordered a limited new trial.
Balls & Tackles Pty Limited v International Management Group of America Pty Ltd [2019] NSWDC 290
The District Court dismissed Balls & Tackles’ misleading-conduct claim, finding the pleaded representations were not proved and no reliance or authority was established.
Port Adelaide Power Investments Pty Limited as trustee for the Cygnatius Investment Trust v Mullins [2019] NSWSC 170
The Supreme Court of New South Wales found the defendant liable in deceit for inducing five cash advances totalling $350,000 by false representations about funds and fees.
['deceit' 'loan agreement' 'false representations' 'reliance' 'damage' 'substituted service' 'civil standard of proof']
The Court found Mr Porges engaged in misleading or deceptive conduct by promoting SecureOne as viable while withholding material adverse facts, and awarded APE $941,703.38 plus interest.
['misleading or deceptive conduct' 'damages' 'reliance' 'contributory negligence' 'proportionate liability']
Hampshire Assets and Services v Blackman [2018] NSWSC 1096
The NSW Supreme Court dismissed Hampshire’s claim over alleged misleading CGT advice about an option deed, finding the advice was provisional and confirmed by specialist advice.