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Torts

Zou v Ji

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.

  • Misleading or deceptive conduct
  • Deceit
  • Damages
  • Reliance
  • Agency
  • Apportionment of liability
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Equity

Stojanovski v Stoyanovski

Stojanovski v Stoyanovski [2024] NSWSC 1582

The Court dismissed a family proprietary estoppel claim over the Illawong property, finding some representations and reliance but no real or substantial detriment.

  • Proprietary estoppel by encouragement
  • Family arrangements
  • Residential property
  • Testamentary promise
  • Reliance
  • Detriment
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Consumer law

Husseini v Girchow Enterprises Pty Ltd

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.

  • Misleading and deceptive conduct
  • Australian consumer law
  • Franchising code of conduct
  • Causation
  • Reliance
  • Damages
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Commercial law

Elanor Funds Management Ltd v Alceon Group Pty Ltd

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.

  • Misleading or deceptive conduct
  • Australian consumer law
  • Damages
  • Procedural fairness
  • Evidence
  • Apportionment of liability
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['consumer law' 'australian consumer law' 'misleading or deceptive conduct' 'damages' 'sale of business']

QVB Pharmacy Pty Ltd v Le

QVB Pharmacy Pty Ltd v Le [2022] NSWSC 1612

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']
  • Misleading-or-deceptive-conduct
  • Sale-of-business
  • Australian-consumer-law
  • Damages
  • Reliance
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Consumer law

Century Legend Pty Ltd v Ripani

Century Legend Pty Ltd v Ripani [2022] FCAFC 191

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.

  • Misleading and deceptive conduct
  • Rescission
  • Exclusion clauses
  • Reliance
  • Remedies under australian consumer law
  • Adducing further evidence on appeal
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Trade practices

Balls & Tackles Pty Limited v International Management Group of America Pty Ltd

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.

  • Misleading and deceptive conduct
  • Reliance
  • Authority to make representations
  • Payment of bribes
  • Unconscionable conduct
  • Equitable compensation
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['torts' 'civil procedure' 'evidence' 'bankruptcy']

Port Adelaide Power Investments Pty Limited as trustee for the Cygnatius Investment Trust v Mullins

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']
  • Deceit
  • False-representation
  • Reliance
  • Damages
  • Loan-agreement
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['commercial law' 'equity']

Adcock Private Equity v Porges

Adcock Private Equity v Porges [2018] NSWSC 1363

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']
  • Misleading-or-deceptive-conduct
  • Reliance
  • Damages
  • Contributory-negligence
  • Proportionate-liability
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Commerce

Hampshire Assets and Services v Blackman

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.

  • Misleading or deceptive conduct
  • Capital gains tax liability
  • Professional liability
  • Concurrent wrongdoer
  • Scope of advice
  • Reliance
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.