R C Property Group Pty Ltd v Sheridian Property Group Pty Ltd [2009] NSWDC 56

New South Wales District Court

CITATION: R C Property Group Pty Ltd v Sheridian Property Group Pty Ltd [2009] NSWDC 56

HEARING DATE(S): 26 March - 1 April 2009

JUDGMENT DATE: 2 June 2009

JURISDICTION: Civil

JUDGMENT OF: Goldring DCJ

1. Verdict for the first plaintiff against both defendants jointly and severally, in respect of compensation for loss or damage caused by misleading or deceptive conduct by those defendants in respect of the Mission Beach units, in the sum of $25,095.00 together with interest in accordance with paragraph 80. DECISION: 2. Verdict for the first plaintiff against the second defendant in respect of commission on the Bargara units in the sum of $23,300 together with interest to be calculated in accordance with paragraph 80. 3. Verdict for the second plaintiff against the first defendant in respect of money due in lieu of wages and other remuneration in the sum of $36,648.00 together with interest to be calculated in accordance with paragraph 80; alternatively in respect of compensation for loss or damage caused by misleading or deceptive conduct against both defendants jointly and severally together with interest in accordance with paragraph 80.

CATCHWORDS: ESTOPPEL - previous decision of another court - misleading and deceptive conduct - DAMAGES - measure of damages in claim for wages

Trade Practices Act 1974 (Cth) LEGISLATION CITED: Fair Trading Act 1987 Property, Stock and Business Agents Act 2002

Browne v Dunn (1893) 6 R 67 A & DR Iles Pty Ltd v Renton [2002] NSWCIMC 77 CASES CITED: Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Henville v Walker (2001) 206 CLR 459 Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221