NSW Caselaw
New South Wales Court of Appeal
CITATION: Timms & Ors v Commonwealth Bank of Australia & Ors [2005] NSWCA 137
HEARING DATE(S): 20-21 April 2005
JUDGMENT DATE: 13 May 2005
JUDGMENT OF: Spigelman CJ at 1; Tobias JA at 2; Stein AJA at 3
DECISION: Appeal dismissed with costs.
CATCHWORDS: Misleading and deceptive conduct - s 52 Trade Practices Act 1974 - breach of fiduciary duty - purchase of a business - financial advice - loan application - bank customer - accounts - burden of proof - credibility-based finding - Abalos principles - failure to respond as conduct in breach of s 52 Trade Practices Act - certification of accounts - failure to inform purchaser that accounts had not been certified - arms length relationship - scope of accountant's retainer - due diligence. (ND)
LEGISLATION CITED: Trade Practices Act 1974
Moukhayber v Camden Timber and Hardware Co Pty Ltd [2002] NSWCA 58 Rhesa Shipping Co SA v Edmunds [1985] 1 WLR 948 CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336 Abalos v Australian Postal Commission (1990) 171 CLR 167
Timms & Ors - Appellants Commonwealth Bank of Australia & Ors - Respondents PARTIES:
FILE NUMBER(S): CA 40325/04
Mr A Sullivan QC with Mr M Clarke - Appellants COUNSEL: Mr R Forster SC with Mr N Manousaridis - First Respondent Mr Dubler SC - Second Respondent
The Law Office of Simon Rofe - Appellants SOLICITORS: J K O'Sullivan - First Respondent Phillips Fox - Second Respondent
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): ED 2644/94; 3054/97
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate