M & E Brisby Pty Ltd v D Poole Services Pty Ltd & Anor [2025] NSWDC 44

District Court New South Wales

Medium Neutral Citation: M & E Brisby Pty Ltd v D Poole Services Pty Ltd & Anor [2025] NSWDC 44 Hearing dates: 12 November 2024 – 15 November 2024, 12 December 2024 Date of orders: 07 March 2025 Decision date: 07 March 2025 Jurisdiction: Civil Before: Weber SC DCJ Decision: (1) Judgment and verdict for the Defendants against the Plaintiff. (2) The Plaintiff pay the Defendants' costs. Catchwords: CONTRACT – Contract for sale of business – Alleged pre-contractual and post-contractual breaches of contract – Where no breaches established on the evidence – Where no warranty given as to business performance or ongoing supply arrangements with a third-party CONSUMER LAW – Misleading and deceptive conduct claim – Alleged breaches of ACL s 18 – Where ACL (Cth) pleaded against a natural person – Failure to plead ACL (NSW) as an application law – Where representations not misleading or deceptive Legislation Cited: Australian Consumer Law (Cth) ss 1, 18 Australian Consumer Law (NSW) Competition and Consumer Act 2010 (Cth) ss 131, 140 Fair Trading Act 1987 (NSW) ss 28, 32 Cases Cited: ACCC v TPG Internet Pty Ltd (2013) 250 CLR 640 Campbell v Tran [2024] NSWSC 204 Wormald v Maradaca Pty Ltd [2020] NSWCA 289 Xu v Lindasy Bennelong Developments Pty Ltd [2020] NSWSC 1692 Zervas v Burkitt (No 2) [2019] NSWCA 236 Category: Principal judgment Parties: M & E Brisby Pty Ltd (Plaintiff) D Poole Services Pty Ltd (First Defendant) David Poole (Second Defendant) Representation: Counsel: Mr D Eardley (Plaintiff) Mr S Reuben (Defendants)