Lawson Hill Estate Pty Ltd v Tovegold Pty Ltd [2004] FCA 1593

FEDERAL COURT OF AUSTRALIA

Lawson Hill Estate Pty Ltd v Tovegold Pty Ltd [2004] FCA 1593

TRADE PRACTICES – FAIR TRADING – Alleged misleading and deceptive conduct in relation to sale of a vineyard – Applicants purchased property in reliance on false representations as to area of planted vines and water flow rate from a bore – First misrepresentation attributed to vendor, his wife and agent – Second misrepresentation attributed to vendor, his wife and bore driller – Agent derived false information from vendor and his wife – Whether agent should be held liable to purchaser – Driller gave true oral estimate to vendor and his wife as to bore's water flow rate but mistakenly wrote incorrect figure on an invoice that was subsequently produced (in good faith) by vendor to purchaser – Whether driller should be held liable to purchaser – Whether vendor's wife can be liable otherwise than on an accessorial basis – Indemnity claims – Apportionment of liability for total loss – Assessment of damages – Computation of difference between value of property reflected in purchase price and true value at purchase date – Recoverability of trading losses in context of applicants' duty to mitigate their loss.

Fair Trading Act 1987 (NSW) ss 42, 45, 61, 68 Trade Practices Act 1974 (Cth) ss 52, 53A, 75B, 82

LAWSON HILL ESTATE PTY LTD as trustee of the Lawson Hill Estate Trust, PAUL HOULIHAN, MARY HOULIHAN, LESLEY EVANS, PETER ROCHFORT, ANTHONY FLEMING, MARGARET FLEMING, PATRICK HOULIHAN, MARIE HOULIHAN, NOEL MAGEE, ANNE MAGEE, RUPERT NEWTON, BARBARA NEWTON, CLIVE POOLMAN, CREMORNE HOLDING PTY LTD v TOVEGOLD PTY LTD trading as O'Brien McGregor First National Real Estate as trustee for O'Brien McGregor Trust Fund, TIMOTHY BRUCE O'BRIEN, JOSE JOHN HAROLD GRACE, JUNE MARGARET GRACE, JOHN MICHAEL DALTON NSD 1303 of 2003 WILCOX J 10 DECEMBER 2004 SYDNEY