Avenue Prime No.1 Pty Ltd atf Avenue Prime No.1 Unit Trust v Lennox & Ors [2020] NSWSC 1775

Supreme Court New South Wales

Medium Neutral Citation: Avenue Prime No.1 Pty Ltd atf Avenue Prime No.1 Unit Trust v Lennox & Ors [2020] NSWSC 1775 Hearing dates: 02 December 2020 Date of orders: 09 December 2020 Decision date: 09 December 2020 Jurisdiction: Equity Before: Stevenson J Decision: Judgment in favour of the plaintiff against the third defendant in the sum of $4,166,990 Catchwords: CONSUMER LAW – misleading or deceptive conduct – silence or non-disclosure – where third defendant engaged in misleading or deceptive conduct by not disclosing that he had caused the company of which he was sole director to grant two unrelated parties identical nomination rights Legislation Cited: Bankruptcy Act 1966 (Cth) Competition and Consumer Act 2010 (Cth), Sch 2 Cases Cited: Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31; [1992] FCA 851 Fabcot Pty Ltd v Port Macquarie-Hastings Council [2011] NSWCA 167 Kimberley NZI Finance Ltd v Torero Pty Ltd [1989] FCA 400 Category: Principal judgment Parties: Avenue Prime No.1 Pty Ltd atf Avenue Prime No.1 Unit Trust (Plaintiff) Kym Craig Lennox (First Defendant) LLT Project Management Pty Ltd (Second Defendant) Simon Levingston (Third Defendant) Representation: Counsel: D Miller SC with M Sheldon (Plaintiff) A M Hochroth (First and Second Defendant)

Solicitors: Mihail Legal (Plaintiff) Mills Oakley Lawyers (First and Second Defendant) File Number(s): 2019/43474