Park v Brothers [2003] NSWSC 865

New South Wales Supreme Court

CITATION : Park v Brothers [2003] NSWSC 865 HEARING DATE(S) : 11/8/03 - 14/8/03 JUDGMENT DATE : 7 October 2003 JURISDICTION: Equity JUDGMENT OF : Campbell J DECISION : Damages awarded for two precontractual misrepresentations, and for breach of contract. Interest on amount of damages for precontractual misrepresentations allowed at 8.5% per annum. Interest on damages for loss of profits caused by breach of contract allowed by reference to when income would have been received.

CATCHWORDS : TRADE PRACTICES AND RELATED MATTERS - consumer protection - misleading and deceptive conduct by statements in advertising - relevance of target audience of advertising to whether statement is misleading and deceptive - factual decisions about whether representation relied on - factual decisions about whether representation continued to have causal effect - CONTRACTS - factual decision about consequences of breach of contract - INTEREST - rate of interest - interest under section 94 Supreme Court Act 1970 - on damages for misrepresentation inducing entry of contract for sale of land, where much of purchase price is secured by mortgage back - interest rates under Schedule J Supreme Court Act not appropriate - INTEREST - recoverability of interest - section 94 Supreme Court Act 1970 - from what date interest runs in action for loss of profits arising from breach of contract Fair Trading Act 1987 LEGISLATION CITED : Supreme Court Act 1970 Native Vegetation Conservation Act 1997 CASES CITED : Huntsman Chemical Co Australia Ltd v International Pools Australia Ltd (1995) 36 NSWLR 242 Park v Brothers [2001] NSWSC 88; (2001) 10 BPR 18,649 Lindsay Gordon Park - First Plaintiff PARTIES : Jill Park - Second Plaintiff Clive Roy Brothers - Defendant FILE NUMBER(S) : SC 1224/01 COUNSEL : D Murr SC; J Trebeck - Plaintiffs D Cantwell, solicitor - Defendant SOLICITORS : Holman Webb - Plaintiffs Don Cantwell - Defendant