High Court of Australia
a
REASONS FOR JUDGMENT
Judgment delivered at...
J. 5 Gourley, Gort, Print., Mab.
..THURSPAY....3R2.. <
On......
Appeal Supreme Court of the action had.
event of the new
FERGUSON
ORDER
allowed with costs. The judgment of the Queensland set aside and a new trial of The costs of the first trial to abide the
trial.
FERGUSON
BARWICK C.J.
SRGUSON
The appellant sued in the Supreme Court of Queensland to recover damages for the making by the defendant of a fraudulent representation as to the affairs of a company of which the defendant was both chairman of directors and managing director.
The representation was in substance that the company was then in such a financial situation that it could use the amount of money which it is suggested the plaintiff invest on the promotion of certain irrigation equipment which had been made and sold by the company and of the quality of which the plaintiff had formed a particularly favourable opinion.
Answers to interrogatories made by the plaintiff were put in evidence by the defendant. These substantiated the making of representation. Answers to interrogatories made by the defendant which were put in evidence by the plaintiff could be regarded as admitting that such a representation had been made at the time the plaintiff's investment in the company was being solicited by the defendant and prior to the plaintiff's actual investment in the company.
The defendant in his evidence said at one of the eritical meetings at which the plaintiff says the representa Sion
was made he produced to the plaintiff samples of the comoany'ts
preducts, brochures concerning them end financial statements
of the company. The defendant said that the equipment was brought in a "port" and that the vlaintiffis wife who was admittedly in the house to which the defendant came on this oceasion could not have failed to see the documents which he said he brought with him. He said that he commended these financial statements to the plaintiff's careful scrutiny and attendance and that he left them with the plaintiff for that purpose.
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