Huang v Muse Beauty Salon Waterloo Pty Ltd (No 4); Muse Beauty Salon Waterloo Pty Ltd v Huang (No 4) [2022] NSWDC 106

District Court New South Wales

Medium Neutral Citation: Huang v Muse Beauty Salon Waterloo Pty Ltd (No 4); Muse Beauty Salon Waterloo Pty Ltd v Huang (No 4) [2022] NSWDC 106 Hearing dates: 7-11 June 2021; 15-16 June 2021; 24-25 June 2021; 28 June 2021-2 July 2021; 27-28 July 2021; 5-8 October 2021; 11-13 October 2021; 18-22 October 2021; 17 December 2021 (written submissions); 13 January 2022 (written submissions); 10 February 2022 (oral submissions) Date of orders: 7 April 2022 Decision date: 07 April 2022 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) In matter 2018/00117938, judgment for the plaintiff against the defendants. (2) The parties are to bring in proposed short minutes of order within 7 days consistent with these reasons. (3) In matter 2018/00117938, the defendants are to pay the plaintiff's costs of the proceedings as agreed or assessed. (4) In matter 2018/00364820, judgment for the defendants against the plaintiffs. (5) The parties are to bring in proposed short minutes of order within 7 days consistent with these reasons. (6) In matter 2018/00364820, the plaintiffs are to pay the defendants' costs of the proceedings as agreed or assessed. (7) Liberty in both matters for the parties to apply for a costs order different to that in (3) and (6) above. Catchwords: CONTRACT – whether a binding agreement was entered into between the parties in relation to an investment for the acquisition of shares in a company – whether moneys paid by a party constituted refundable deposits or part payments pursuant to a binding contract – whether party entitled to repayment of moneys said to be deposits – whether, if binding contract found, there was an anticipatory breach entitling damages – Masters v Cameron TORTS – injurious falsehood – whether elements satisfied – whether loss as alleged proved - causation CONSUMER PROTECTION – whether misleading or deceptive conduct in relation to business investment Legislation Cited: Australian Consumer Law Australian Securities and Investment Commission Act 2001 (Cth) Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Cases Cited: A v B [2021] NSWDC 491 ANZ Banking Group Ltd v Westpac Banking Corporation [1988] HCA 17; (1988) 164 CLR 662 ANZ Banking Group v Karam (2005) 64 NSWLR 149; [2005] NSWCA 344 Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd [2014] HCA 14; (2014) 253 CLR 560 Barton v Armstrong [1973] 2 NSWLR 598 Born Brands Pty Ltd v Nine Network Australia Pty Ltd [2014] NSWCA 369 Braam v BBC Hardware Ltd [2020] VSCA 164 Butcher v Lachlan Elder Realty Pty Ltd (2004) 218 CLR 592; [2004] HCA 60 Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304; [2009] HCA 25 Chalik v Wales [2005] NSWSC 877 Commercial Bank of Australia Ltd v Amadio [1983] HCA 14; (1983) 151 CLR 447 David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353 Dickinson v Chapman [2022] NSWCA 2 Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd [2017] HCA 12 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 GR Securities Pty Ltd v Baulkham Hills Private Hospital Pty Ltd (1986) 40 NSWLR 631 Kakavas v Crown Melbourne Ltd [2013] HCA 25; (2013) 250 CLR 392 Mentink v Olsen [2020] NSWCA 182 Mobis Parts Australia Pty Ltd v XL Insurance Company SE [2018] NSWCA 342 Moffatt Property Development Group Pty Ltd v Hebron Park Pty Ltd [2019] QCA 60 Newell v De Costi [2018] NSWCA 49 Palmer Bruyn & Parker Pty Ltd v Parsons (2001) 208 CLR 388; [2001] HCA 69 Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221 Robinson v Robinson [2020] NSWCA 4 Saravinovska v Saravinoski (No 6) [2016] NSWSC 964 Stubbings v Jams 2 Pty Ltd [2022] HCA 6 Yangdo Pty Ltd v Equiti Group Pty Ltd [2017] NSWDC 277 Category: Principal judgment Parties: 2018/00117938 Yi-Ching Huang (Plaintiff) Muse Beauty Salon Waterloo Pty Ltd (First Defendant) Kailing Xie (Second Defendant) Yuling Bai (Third Defendant)