CACHIA v. DWYER & EDEN REALTY, trading as, SHIRE REAL ESTATE [2006] NSWSC 1254

New South Wales Supreme Court

CITATION : CACHIA v. DWYER & EDEN REALTY, trading as, SHIRE REAL ESTATE [2006] NSWSC 1254

HEARING DATE(S) : Monday 10 July 2006

JUDGMENT DATE : 24 November 2006

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : Appeal dismissed. Plaintiff to pay the defendant's costs

CATCHWORDS : MAGISTRATES – APPEALS FROM MAGISTRATES – appeal limited to appeal against a judgment or order erroneous in law – whether plaintiff able to establish error in point of law – whether the Magistrate's finding that a statement was "equivocal" can be said to have been erroneous in point of law – no error demonstrated. - CONTRACT – no term in agency agreement specifying that the premises be leased to a certain class of persons – no breach of the agreement. - TRADE PRACTICES – misleading and deceptive conduct – misrepresentation to the effect that proposed tenants were not self-employed – damage to leased property – findings in Local Court that damage was caused by tenants and that the statement made by the agent was not misleading.

Property Stock and Business Regulation 2003 Property Stock and Business Act 2002 LEGISLATION CITED : Local Courts Act 1982 Local Courts (Civil Claims) Act 1970 Trade Practices Act 1974 Fair Trading Act 1987

B.P. Refinery (Westernport) Pty. Limited v. Shire of Hastings (1977) 53 ACJR 20 CASES CITED : Permanent Trustee Australia Co. Limited v. FAI General Insurance Co. Limited (2001) 50 NSWLR 679 Aaron's Reefs Limited v. Twiss [1896] AC 273 Demagogue Pty. Limited v. Ramensky (1992) 39 FCR 31

PARTIES : Laurence CACHIA v. DWYER & EDEN REALTY t/as SHIRE REAL ESTATE