NSW Caselaw
New South Wales Court of Appeal
CITATION: Driver Recruitment Pty Ltd (trading as Authorised Solutions) v Wedeco AVP Pty Ltd [2008] NSWCA 290
HEARING DATE(S): 16 October 2008
JUDGMENT DATE: 11 November 2008
JUDGMENT OF: Giles JA at 1; Hodgson JA at 73; Bell JA at 74
DECISION: Appeal dismissed with costs.
CATCHWORDS: Trade Practices Act (C'th) 1974 - whether recruitment agency falsely represented that it had performed background and employment checks on candidate - whether error in assessment of loss - on facts, no error shown in trial judge's conclusions - loss could be assessed by broad estimation.
Baltic Shipping Co V Dillon (1993) 176 CLR 344; CASES CITED: Dare v Pulham (1982) 148 CLR 568; I & L Securities Pty Ltd v HTW Valuers (Brisbane) Pty Ltd [2002] HCA 41; (2002) 210 CLR 109; Uszok v Henley Properties (NSW) Pty Ltd [2007] NSWCA 31.
PARTIES: Driver Recruitment Pty Ltd (trading as Authorised Solutions) - Appellant Wedeco AVP Pty Ltd - Respondent
FILE NUMBER(S): CA 40796/07
COUNSEL: R Marshall - Appellant C Stomo - Respondent
SOLICITORS: Gillis Delaney Lawyers - Appellant Comino Prassas Solicitors - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 4039/05
LOWER COURT JUDICIAL OFFICER: Truss DCJ
LOWER COURT DATE OF DECISION: 29 October 2007
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40796/07 DC 4039/05
GILES JA HODGSON JA BELL JA
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