NSW Caselaw
New South Wales Supreme Court
Vickers v Taccone [2005] NSWSC 514 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 20 - 22, 24 & 27 September 2004, 7, 9 & 10 December 2004, 11 February and 23 March 2005
JUDGMENT DATE : 31 May 2005
JURISDICTION : Equity
JUDGMENT OF : Hamilton J
DECISION : First and second defendants did not validly rescind contract, are not entitled to return of deposit and are liable to plaintiff in damages.
CATCHWORDS : EQUITY [38], [44] - General principles - Fraudulent and innocent misrepresentation - The representation - Generally - Meaning of representation - Whether representation made in absolute terms that land could be developed by erection of four villas - Materiality, inducement and reliance upon representation - Extent of reliance on representation - TRADE AND COMMERCE [94], [136] - Misleading or deceptive conduct - Particular classes of conduct - Real estate transactions - Purchase of land for villa development - Whether representation made in absolute terms that land could be developed by erection of four villas - Enforcement and remedies - Actions for damages - Causation - Causal link between representation and loss - Extent of reliance on representation.
Butcher v Lachlan Elder Realty Pty Ltd (2004) 79 ALJR 308 CASES CITED : Lam v Ausintel Investments Australia Pty Ltd (1989) 97 FLR 458
Graeme Arthur Vickers (P & XD) Augusta Taccone (1D & 1XC) PARTIES : Anthony Taccone (2D & 1XC) Geraway Pty Limited (3D & 2XC)
FILE NUMBER(S) : SC 5866/02
A B S Franklin SC (P & XD) COUNSEL : A T McInnes QC then G Barry Hall QC and H J G Gulpers (1 & 2Ds & 1XCs) S T White SC (3D & 2XC)
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