YTO Construction Pty Ltd v Bhatt [2022] NSWDC 348

District Court New South Wales

Medium Neutral Citation: YTO Construction Pty Ltd v Bhatt [2022] NSWDC 348 Hearing dates: 10, 11 August 2022 Date of orders: 18 August 2022 Decision date: 18 August 2022 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the plaintiff against the defendant for $306,763.10. (2) Order the defendant to pay the plaintiff's costs. Catchwords: CONSUMER LAW – misleading or deceptive conduct – whether representations were misleading or deceptive – whether representations made to an adjudicator were also made to the plaintiff - whether the representations were made in trade or commerce – whether defendant made the representations – whether defendant was involved in making the representations – whether plaintiff suffered loss or damage because of the representations Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW), ss 3, 23, 32 Competition and Consumer Act 2010 (Cth) Part XI; Sch 2 - Australian Consumer Law, ss 2, 18, 236 Fair Trading Act 1987 (NSW), Part 3, s 32 Cases Cited: Campbell v Backoffice Investments Pty Ltd [2009] HCA 25; (2009) 238 CLR 304 CC Builders (Aust) Pty Ltd v Milestone Civil Pty Ltd [2019] NSWSC 1251 Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd [2017] NSWCA 53; (2017) 94 NSWLR 606 Iskra v MMIR Pty Ltd [2019] NSWCA 126 March v Stramare E & MH Pty Ltd [1991] HCA 12; (1991) 171 CLR 506 Probuild Constructions (Aust) Pty Ltd v DDI Group Pty Ltd [2017] NSWCA 151; (2017) 95 NSWLR 82 Southern Cross Electrical Engineering Ltd v Steve Magill Earthmoving Pty Ltd [2018] NSWSC 1027 Yorke v Lucas [1985] HCA 65; (1985) 158 CLR 661 Texts Cited: Miller, Australian Competition and Consumer Law Annotated (43rd ed, Thompson Reuters 2021) Category: Principal judgment Parties: YTO Construction Pty Ltd (Plaintiff) Ashish Bhatt (Defendant) Representation: Counsel: A Vincent (Plaintiff) A Bhatt (Self-represented)