16 Sept 2011
J B AUBIN REALTY LTD V RODGER CLARENCE HINTON AND RAEWYN JULIE HINTON COA CA491/2009
- Citation
- COA CA491/2009
- Court
- Court of Appeal
The agent's one‑page handwritten calculation was a material misrepresentation that induced the purchasers to contract; given the purchasers' status and the agent's conduct (including 'fobbing off') reliance was reasonable; the trial judge's holistic apportionment of responsibility (agents 50%, Smiths 35%, purchasers 15%) and consequential indemnity allocation (agents to indemnify 59% of the Smiths' liability) were within judicial discretion and upheld; agents liable under Fair Trading Act and for negligent misstatement.