Explorer Pty Ltd t/as I&D Industries v System Logix Pty Ltd [2020] NSWSC 1198

Supreme Court New South Wales

Medium Neutral Citation: Explorer Pty Ltd t/as I&D Industries v System Logix Pty Ltd [2020] NSWSC 1198 Hearing dates: 24 to 26 August 2020 Decision date: 04 September 2020 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) The proceedings (including the cross-claim) are dismissed; (2) The plaintiff pay the second defendant's costs of the proceedings (other than the cross-claim); and (3) Liberty to apply to the plaintiff and second defendant to vary order (2) within 21 days' of the date of this judgment Catchwords: CONTRACT – Whether representations misleading and deceptive under Australian Consumer Law, s 18 – Where some of the representations were mere puffs – Where some representations were false – Whether Plaintiff entitled to damages under Australian Consumer Law, s 236 – Whether Defendant involved in making false representation under Australian Consumer Law, s 2 – Where Defendant did not know representations were false at the time they were made PRACTICE AND PROCEDURE – Admissions – Where Defendants/Cross-claimants repeated Plaintiff's claims in their cross-claim against third party – Held not an admission EVIDENCE – Expert evidence – Where expert did not personally conduct inspection – Where expert report based on photographs taken by others Legislation Cited: Australian Consumer Law Evidence Act 1995 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: Australian Securities and Investments Commission v ActiveSuper Pty Ltd (in liq) [2015] FCA 342 Pereira v Director of Public Prosecutions (1988) 82 ALR 217 Yorke v Lucas (1985) 158 CLR 661 Young Investments Group Pty Ltd v Mann (2012) 293 ALR 537; [2012] FCAFC 107 Category: Principal judgment Parties: Explorer Pty Ltd t/as I&D Industries (Plaintiff) System Logix Pty Ltd (First Defendant) Brian Christopher Gatt (Second Defendant) Representation: Counsel: T Vernier (Plaintiff) C Stomo (Second Defendant)