NSW Caselaw
Reported Decision : (2005) ATPR 42-058
New South Wales Court of Appeal
CITATION: TRANSGLOBAL CAPITAL PTY LTD & ANOR v YOLARNO PTY LTD [2005] NSWCA 68
HEARING DATE(S): 08/03/05
JUDGMENT DATE: 17 March 2005
JUDGMENT OF: Handley JA at 1; Hodgson JA at 2; Brownie AJA at 3
DECISION: Appeal be dismissed with costs.
CATCHWORDS: Misleading or deceptive conduct - the fact that a person to whom a representation is made has doubts about the accuracy of the representation does not of itseslf negate a claim. Misleading or deceptive conduct - reliance by a corporation upon conduct constituted by a representation - the fact that a person who holds the majority of the voting shares in the corporation is not convinced by the conduct does not mean that the corporation does not rely upon the conduct.
LEGISLATION CITED: Trade Practices Act ss52, 75B, 82
Haas Timber and Trading Company Pty Ltd v Wade (1954) 94 CLR 593 CASES CITED: Gould v Vaggelas (1984) 157 CLR 215 Hanave Pty Ltd LFOT Pty Ltd (1999) 43 IPR 545
Transglobal Capital Pty Ltd - First Appellant PARTIES: Garry Charles Taylor - Second Appellant Yolarno Pty Ltd - Respondent
FILE NUMBER(S): CA 41238/03
Mr S Bell for Appellant COUNSEL: Mr T S Hale SC with Mr J M White for Respondents
Webster O'Halloran & Associates - Appellants SOLICITORS: Hunt Partners - Respondent
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): EQ 4575/00
LOWER COURT JUDICIAL OFFICER: Gzell J
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41238 /03
HANDLEY JA HODGSON JA BROWNIE AJA
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