McLean Tecnic & Anor v Digi-Tech & Ors [2005] NSWSC 386

New South Wales Supreme Court

CITATION : McLean Tecnic & Anor v Digi-Tech & Ors [2005] NSWSC 386

HEARING DATE(S) : 5, 6, 7, 8 and 11 April 2005

JUDGMENT DATE : 2 May 2005

JUDGMENT OF : McDougall J at 1

DECISION : See paras [147]-[150] of judgment

CATCHWORDS : TRADE AND COMMERCE - Trade practices - misleading or deceptive conduct - where "Profit Potential Representation" held in appeal proceedings to constitute misleading or deceptive conduct - causation - whether plaintiffs suffered loss by that representation - whether plaintiffs suffered loss by directly relying on representation - whether plaintiffs suffered loss by indirectly relying on representation - whether open to plaintiffs on pleadings to submit that loss suffered by indirectly relying on the representation - whether inference that plaintiffs relied on representation available on evidence - DAMAGES - Trade practices - Trade Practices Act - where conduct taken to be misleading or deceptive by operation of s51A - whether deeming provision inoperative when considering whether conduct caused loss or damage for purposes of ss 82 and 87 - DAMAGES - Trade practices - whether correct method for assessment of damage involves consideration of value of benefits to plaintiffs at trial - whether benefits acquired by plaintiffs had value at trial - TRADE AND COMMERCE - Trade practices - causation - where plaintiffs liable for certain balloon payments - whether that liability caused by misleading or deceptive conduct or by plaintiffs' failure to exercise options to avoid liability - whether misleading or deceptive conduct materially contributed to loss or damage - whether plaintiffs' conduct constituted fresh and independent cause of loss or damage

Evidence Act 1995 LEGISLATION CITED : Trade Practices Act 1974