12 Mar 2010
RED EAGLE CORPORATION LTD V ELLIS SC 72/2009
- Citation
- RED EAGLE CORPORATION LTD V ELLIS SC 72/2009
- Court
- Supreme Court
Ellis's unqualified representations about Black's Sydney properties breached s9; because Ellis had a long‑standing reputation with Falkenstein and fully associated himself with the project his representations retained causal potency at the time the loan was advanced and were an effective cause of Red Eagle's loss; Ellis was not a mere conduit; Red Eagle's own carelessness was a contributory operative cause so a 50% apportionment of the principal loss was appropriate under s43.