DANIEL WONG as Executor of the Estate of the Late CASEY WONG (aka KAI CHEE WONG) v. Citibank Limited (ACN 004 325 080) & Ors. DANIEL WONG as Executor of the Estate of the Late CASEY WONG (aka) KAI CHEE WONG v. ABN AMRO BANK MV (ABRN 079 478 612) [2004] NSWCA 396

Reported Decision : (2004) ATPR 42-037 (2005) NSW ConvR 56-103

New South Wales Court of Appeal

CITATION : DANIEL WONG as Executor of the Estate of the Late CASEY WONG (aka KAI CHEE WONG) v. Citibank Limited (ACN 004 325 080) & Ors. DANIEL WONG as Executor of the Estate of the Late CASEY WONG (aka) KAI CHEE WONG v. ABN AMRO BANK MV (ABRN 079 478 612) [2004] NSWCA 396 HEARING DATE(S) : 9-10 September 2004 JUDGMENT DATE : 3 November 2004

JUDGMENT OF : Sheller JA at 1; Beazley JA at 2; Bryson JA at 27 DECISION : Appeal dismissed with costs

CATCHWORDS : TRADE PRACTICES - Fair Trading Act 1987 (NSW), s.42 - Trade Practices Act 1974 (Cth), s.52 - Contravention of either section does not require an intent to mislead or deceive - A corporation or individual that merely passes on false information supplied by another does not necessarily contravene s.42 or s.52 - Whether one who conveys a false representation makes that representation or acts as a mere conduit is a question of fact in each case - The question to be determined in each case is whether the conveyer of the false representation would be regarded by the relevant section of the public as adopting it - An employee acting within the scope of his or her employment may be liable for breach of s.42 of the Fair Trading Act and of s.52 of the Trade Practices Act. LEGISLATION CITED : Fair Trading Act 1987 (NSW) Trade Practices Act 1974 (Cth). Amalgamated Television Services Pty. Limited v. Marsden [2002] NSWCA 419 Australian Competition and Consumer Commissioner v. McCaskey (2000) 104 FCR 8 CASES CITED : Gardam v. George Wills & Co. Limited (1988) 82 ALR 415 John G. Glass Real Estate Pty. Limited v. Karawi Constructions Pty. Limited (1993) ATPR 41-249 Yorke v. Lucas (1985) 158 CLR 661 CA 41159/2003 Daniel Wong As Executor of the Estate of the Late Casey Wong (Appellant) PARTIES : Citibank Limited (ACN 004 325 080) Respondent CA 41160/2003 Daniel Wong as Executor of the Estate of the Late Casey Wong (Appellant) ABN AMRO Bank MV (ABRN 079 478 612) (Respondent) FILE NUMBER(S) : CA 41159/2003; 41160/2003 COUNSEL : S. Bell (Appellant) M.A. Pembroke SC/T. Faulkner (Respondents) SOLICITORS : Ian Burnham Mitchell (Appellant) Mallesons Stephen Jaques (Respondents)