19 Aug 2010
MCKEOWN GROUP LIMITED V RUSSELL HC TIM CIV-2008-476-000530
- Citation
- openlaw-70fa0bfe_c7bd_4944_a3c0_c167cba19b96.pdf
- Court
- High Court
The Court found on the balance of probabilities that Mrs Russell repeatedly assured McKeowns she would personally pay PDSA's debt from house sale proceeds while lacking any intention to do so; that representation in trade was likely to mislead under s9 FTA and McKeowns relied on it causing loss; damages are assessed by the reliance measure equal to the unrecovered PDSA debt subject to a 50% reduction for McKeowns' contributory negligence; the limitation defence failed because the operative post‑overseas meeting occurred within three years of filing.