NSW Caselaw
New South Wales Supreme Court
CITATION : LA TROBE ASSET MANAGEMENT AUSTRALIA PTY LIMITED v HAJAR & ORS [2009] NSWSC 1413
HEARING DATE(S) : Wednesday 2 December 2009
JUDGMENT DATE : 16 December 2009
JURISDICTION : Common Law
JUDGMENT OF : Hall J at 1
DECISION : The Notice of Motion filed on 2 September 2009 is dismissed. The sixth defendant is to pay the plaintiff's costs of and incidental to the Notice of Motion.
CATCHWORDS : PRACTICE AND PROCEDURE – review of Registrar's decision to permit the filing of an amended statement of claim as against the sixth defendant, a solicitor – SUMMARY DISMISSAL – proceedings by plaintiff for damages arising from loan to third defendant made on false basis by third defendant, a client of sixth defendant – allegedly to pay sixth defendant's legal costs in unrelated proceedings – whether cause of action under s.42, Fair Trading Act 1987 properly pleaded – elements of a cause of action under that section – whether arguable that a third party informed that application for loan was or would be made for an investment purpose when in fact the loan was sought to pay solicitor's costs gives rise to a duty in the third party (the sixth defendant) to disclose to the lender the true purpose of the loan – the amended statement of claim adequately pleaded the cause of action under s.47, Fair Trading Act – applications for review and for dismissal of proceedings dismissed
LEGISLATION CITED : Fair Trading Act 1987 Trade Practices Act 1974 (Cth)
Demagogue Pty Limited v Ramensky (1992) 39 FCR 31 Dey v Victorian Railway Commissioners (1949) 78 CLR 62 Equity Access Pty Limited v Westpac Banking Corp (1989) 16 IPR 431 at 440 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 CASES CITED : Lee Gleeson Pty Limited v Sterling Estates (1991) 23 NSWLR 571 Metalcorp Recyclers Pty Limited v Metal Manufactures Limited [2003] NSWCA 213 Penthouse Publications Limited v McWilliam (NSW Court of Appeal, unreported, 14 March 1991, BC9102223) Tomko v Palasty (No 2) [2007] NSWCA 369 Yolarno Pty Limited v TransGlobal Capital Pty Limited (No 2) [2003] NSWSC 1004
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