Manoun v Semrani & Anor [2000] NSWSC 101

New South Wales Supreme Court

CITATION : Manoun v Semrani & Anor [2000] NSWSC 101 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 4564/96 HEARING DATE(S) : 14 - 18 February 2000 JUDGMENT DATE : 2 March 2000

Khalil Ibrahim Manoun (Plaintiff)

v PARTIES : Paul Joseph Semrani (First Defendant)

William N Williams (Second Defendant) JUDGMENT OF : Davies AJ

P - Mr R K Weaver COUNSEL : D1- Mr D K Jordan D2- Mr D J Hammerschlag P - H K Husseini & Co SOLICITORS : D1- Markham Geikie Farrugia D2- Tress Cocks & Maddox CATCHWORDS : Misleading or Deceptive conduct - whether misrepresentation - whether failure to disclose material facts constituted misleading or deceptive conduct - whether duty to disclose - no point of principle. LEGISLATION CITED : Fair Trading Act, 1987 (NSW) ss 42, 61, 68 Trade Practices Act, 1974 (Cth) s 52 Esanda Finance Corporation v Peat Marwick Hungerfords (1997) 188 CLR 241 CASES CITED : Ta Ho Ma v Allen [1999] NSWCA 202 Rhone-Poulenc Agrochime SA v UIM Chemical Services (1986) 12 FCR 477 Demagogue v Ramensky (1992) 39 FCR 31 DECISION : Judgment for the plaintiff. See para 66.

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

DAVIES AJ

THURSDAY 2 MARCH 2000

4564/96 - Khalil Ibrahim MANOUN v Paul Joseph SEMRANI & ANOR

JUDGMENT 1 HIS HONOUR: The plaintiff, Khalil Ibrahim Manoun, seeks damages for loss said to have been caused by misleading and deceptive conduct on the part of the first defendant, Paul Joseph Semrani, and also on the part of an accountant, William N Williams, the second defendant. The claim against Mr Williams also alleges that he was guilty of negligence, having breached his duty of care to his client, the plaintiff. 2 At the hearing, Mr R K Weaver of counsel appeared for Mr Manoun, Mr D K Jordan of counsel appeared for Mr Semrani and Mr D J Hammerschlag appeared for Mr Williams. 3 Relevant provisions of the Fair Trading Act 1987 (NSW) provide: 42 Misleading or deceptive conduct (1) A person shall not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.