Wild Women Trading Co Pty Limited v Ulrich Klatte & Ors [2007] NSWDC 23

New South Wales District Court

CITATION: Wild Women Trading Co Pty Limited v Ulrich Klatte & Ors [2007] NSWDC 23

HEARING DATE(S): 5/2/07 - 8/2/07, 12/2/07 - 15/2/07, 19 February 2007

JUDGMENT DATE: 2 March 2007

JURISDICTION: Civil

JUDGMENT OF: Rolfe DCJ

DECISION: 1. Stand over proceedings at 9.30am on Thursday 29 March 2007.; 2. Plaintiff to e-mail or fax to my associate written submissions plus draft Short Minutes of Order by 5pm on 7 March 2007 and to serve same on the defendants.; 3. Defendants to e-mail or fax their submissions in reply by 5pm on 19 March 2007 and to serve same on the plaintiff.; 4. Plaintiff to e-mail or fax any submissions in reply by 26 March 2007 and to serve same on the defendants.; 5. Direct the exhibits be retained in the registry until 30 April 2007.

CATCHWORDS: Syndication of Horse - Representation that horse was a fabulous showjumping horse - Held that this was misleading and deceptive conduct when the horse only showed potential as a showjumper and that Plaintiff had relied on this misrepresentation - Pedigree documentation which contained certain incorrect information held to be misleading and deceptive conduct but that Plaintiff had not relied on it - Relief applicable when damages are not an appropriate remedy

Trade Practices Act 1974 (Cth) LEGISLATION CITED: Fair Trading Act 1987 (NSW) District Court Act 1973

CASES CITED: Tenji v Henneberry & Associates Pty Limited 172 ALR 679 Akron Securities Limited v Iliffe (1997) 41 NSWLR 353

Wild Women Trading Co Pty Limited (Plaintiff) PARTIES: Ulrich Klatte (1st Defendant) Tredentay Pty Limited (2nd Defendant) Baremba Investments Pty Limited (3rd Defendant)