Central West Equipment Hire Pty Limited v Gardem Investments Pty Limited & Ors [2003] NSWSC 577

New South Wales Supreme Court

CITATION : Central West Equipment Hire Pty Limited v Gardem Investments Pty Limited & Ors [2003] NSWSC 577 HEARING DATE(S) : 2-6 September 2002; 18 October 2002 JUDGMENT DATE : 27 June 2003 JURISDICTION: Common Law JUDGMENT OF : Smart AJ at 1 DECISION : Judgment for plaintiff as shown in para 201. This is subject to the finalisation of the calculation for interest.

CATCHWORDS : Misrepresentations - Questions of fact only - No question of principle LEGISLATION CITED : Trade Practices Act 1974 (Cwlth) Fair Trading Act 1987 (NSW) CASES CITED : Nil PARTIES : Central West Equipment Hire Pty Limited v Gardem Investments Pty Limited, Kirbailia Pty Limited and Graham Gardem FILE NUMBER(S) : SC 20372/98 COUNSEL : (P) A Spencer (D) R Marshall SOLICITORS : (P) Wilson Fardell & Moore (D) Gibson Owen Lawyer Inc

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SMART AJ

Friday, 27 June 2003

20372/98 CENTRAL WEST EQUIPMENT HIRE PTY LIMITED v GARDEM INVESTMENTS PTY LIMITED, KIRBAILIA PTY LIMITED and GRAHAM GARDEM JUDGMENT

1 Central West Equipment Hire Pty Limited sues the defendants for damages for conversion and damages pursuant to s82 of the Trade Practices Act 1974 (Cwlth) and/or s.68 of the Fair Trading Act 1987 (NSW) arising out of false representations made in connection with the sale of a plant hire business. The plaintiff alleges that the defendants in trade or commerce engaged in conduct that was misleading or deceptive or was likely to mislead or deceive and thereby contravened s.42 of the Fair Trading Act and s.52 of the Trade Practices Act. It is further alleged, in the alternative, that Mr Gardem aided, abetted, counselled or procured the contraventions of the Trade Practices Act and/or the Fair Trading Act and so was a person involved in the contraventions within s.75B of the Trade Practices Act or the Fair Trading Act.