GOLDEN HARVEST (AUST) P/L v PAING P/L & ORS [2004] NSWCA 85

New South Wales Court of Appeal

CITATION : GOLDEN HARVEST (AUST) P/L v PAING P/L & ORS [2004] NSWCA 85 HEARING DATE(S) : 17/03/2004 JUDGMENT DATE : 4 June 2004

JUDGMENT OF : Beazley JA at 1; Ipp JA at 2; Bryson JA at 3; DECISION : [2003] NSWSC 750 reversed. Appeal allowed, cross-appeal dismissed. see [60]

CATCHWORDS : LESSOR and LESSEE - Retail Leases Act 1994 s.10 compensation for misrepresentation - In Administrative Decisions Tribunal Judicial Member awarded compensation for misrepresentation under s.10 - Appeal Panel set aside and Newman AJ restored - whether JM's findings showed that there had been misrepresentation where Lessor said to the effect that nearby Residential Tower would be built - evidence did not deal with when and in what terms Development Consent was refused, with Lessor's intentions or whether they were reasonably based or with whether representation was misleading to the lessor's knowledge - appeals limited to question of law - held that there was no basis for award of compensation under s.10 - observations on representation as to a future matter. Administrative Decisions Tribunal Act 1997 s.119 LEGISLATION CITED : Retail Leases Act 1994 s.11, s.72A Trade Practices Act 1974 (Cth) s.52; subs.51A(1) Supreme Court Act 1970 s.75A CASES CITED : Global Sportsman Pty Ltd v. Mirror Newspapers Ltd (1984) 2 FCR 82 James & Ors v. Australia and New Zealand Banking Group Ltd & Ors (1986) 64 ALR 347 Golden Harvest (Aust) Pty Limited - Appellant/Cross-Respondent Paing Pty Limited (First Respondent / First Cross-Appellant) PARTIES : Icontact Pty Limited (Second Respondent / Second Cross-Appellant) Shen Zhen Famtec (Australia) Pty Limited (Third Respondent / Third Cross-Appellant) Winsing Pty Limited (Fourth Respondent / Fourth Cross-Appellant) FILE NUMBER(S) : CA 40800/03 COUNSEL : S.D. Robb QC & Mr B.F. Katekar - Appellant K.P. Rewell SC & Ms A.R. Beardow - Respondents SOLICITORS : Colquhoun Murphy - Appellant Creagh & Creagh - Respondents