Xue v Karimbla Properties (No.45) Pty Ltd [2023] NSWSC 552

Supreme Court New South Wales

Medium Neutral Citation: Xue v Karimbla Properties (No.45) Pty Ltd [2023] NSWSC 552 Hearing dates: 12, 13 and 14 September 2022 Date of orders: 25 May 2023 Decision date: 25 May 2023 Jurisdiction: Equity Before: Henry J Decision: See [161] Catchwords: CONSUMER LAW — misleading or deceptive conduct pursuant to s 18 of the Australian Consumer Law or s 12DA of the Australian Securities and Investments Commission Act 2001 (Cth) — where contract to purchase off-the-plan apartment was executed and exchanged, deposit paid but contract not completed — where plaintiffs allege they were misled as to availability of vendor finance at market interest rate prior to settlement by sales agent — whether representations made or conveyed — representations not made out on evidence — plaintiffs' claim fails Legislation Cited: Australian Securities and Investments Commission Act 2001 (NSW) Civil Procedure Act 2005 (NSW) Competition and Consumer Act 2010 (Cth) Conveyancing Act 1919 (NSW) Uniform Civil Procedure Rules NSW 2005 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 National Australia Bank Limited v Dionys as Trustee for the Angel Family Trust [2016] NSWCA 242 O'Connor v O'Connor [2021] NSWSC 1056 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Cong Wu Xue (First Plaintiff) Feng Ying Liu (Second Plaintiff) Karimbla Properties (No.45) Pty Ltd (First Defendant) Meriton Property Services Pty Limited (Second Defendant) Representation: Counsel: H Zhao (First and Second Plaintiffs) M Pesman SC (First and Second Defendants)