NSW Caselaw
Appeal Outcome: Special leave refused with costs by the High Court, 30 July 2010
New South Wales Court of Appeal
CITATION: Dwyer v Craft Printing Pty Ltd [2009] NSWCA 405
HEARING DATE(S): 16 September 2009
JUDGMENT DATE: 15 December 2009
JUDGMENT OF: Campbell JA at [1]; Macfarlan JA at [3]; Young JA at [11]
DECISION: Appeal dismisssed with costs.
CATCHWORDS: TRADE AND COMMERCE - Trade Practices Act 1974 (Cth) and Fair Trading Act 1987- misleading and deceptive conduct- sole director guaranteed debts of corporation- corporation ceased to be contracting party with respondent, different corporation in group of companies continued to receive services from respondent- whether inaction by director in permitting this state of affairs a "refusal to act"- if so whether "inadvertent"- held this was positive conduct in continuing trading relationship with the respondent in same circumstances as previous arrangement without disclosing change to the structure of the companies receiving the services- director liable.
Australian Securities and Investments Commission Act 2001 (Cth), s 12BA(2) LEGISLATION CITED: Fair Trading Act 1987, s 4 Trade Practices Act 1974 (Cth), s 51AC
CATEGORY: Principal judgment
Airservices Australia v Ferrier [1996] HCA 54; 185 CLR 483 Butcher v Lachlan Elder Realty Pty Ltd [2004] HCA 60; 218 CLR 592 Campbell v Backoffice Investments Pty Ltd [2009] HCA 25; 238 CLR 304 Commonwealth Bank of Australia v Mehta (1991) 23 NSWLR 84 Costa Vraca Pty Ltd v Berrigan Weed & Pest Control Pty Ltd (1998) 155 ALR 714 Deeley v Lloyds Bank Ltd [1912] AC 756 Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 CASES CITED: Dillon v Parker (1818) 1 Swans 359; 36 ER 422 Dowling v Bowie [1952] HCA 63; 86 CLR 136 In re Montagu's Settlement Trusts [1987] 1 Ch 284 Kuru v State of NSW [2008] HCA 26; 236 CLR 1 Lam v Ausintel Investments Australia Pty Ltd (1989) 97 FLR 458 Peninsula Balmain Pty Ltd v Abigroup Contractors Pty Ltd [2002] NSWCA 211 Semrani v Manoun; Williams v Manoun [2001] NSWCA 337 Simson v Ingham (1823) B & C 65; 107 ER 307 Vines v Djordjevitch [1955] HCA 19; 91 CLR 512
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