NSW Caselaw
New South Wales Supreme Court
CITATION : Burns v Grevler [2010] NSWSC 1219
HEARING DATE(S) : 23-27 August 2010
JUDGMENT DATE : 20 October 2010
JURISDICTION : Equity Division
JUDGMENT OF : Rein J
DECISION : 1. Judgment for the plaintiff in the amount of $2,912,713.02, excluding interest to be calculated and added. 2. Defendant to pay the plaintiff's costs (issue of indemnity costs to be determined on 22 October 2010).
CATCHWORDS : TRADE AND COMMERCE - Fair Trading Act 1987 (NSW) - misleading and deceptive conduct - where plaintiff invested in restaurant business which failed - where defendant was accountant for restaurant syndicate and member of syndicate - where other syndicate members proffered guarantees to plaintiff - where defendant knew of worthlessness of two guarantees - whether plaintiff relied on defendant's conduct - whether defendant obliged to inform plaintff in respect of final advance that loan was unsustainable - TORTS - negligence - duty of care - whether defendant owed plaintiff duty of care - breach of duty of care - whether defendant failed to advise plaintiff of worthlessness of two guarantees and to obtain independent legal and accounting advice - EQUITY - fiduciary duties - whether defendant owed plaintiff fiduciary duty - breach - conflict of interest - whether defendant's interests conflicted with plaintiff's interests and defendant preferred his interests and interests of other restaurant syndicate members over plaintiff's interests
Civil Liability Act 2002 (NSW) LEGISLATION CITED : Fair Trading Act 1987 (NSW) Trade Practices Act 1974 (Cth)
CATEGORY : Principal judgment
Ausintel Investments Australia Pty Ltd v Lam (1990) 19 NSWLR 637 Breen v Williams (1986) 186 CLR 71 Chappel v Hart (1998) 195 CLR 232 Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 Dwyer v Craft Printing Pty Ltd [2009] NSWCA 405 Gould v Vaggelas (1985) 157 CLR 215 Hospital Products Ltd v United States Surgical Corporation (1983) 156 CLR 41 Kimberley NZI Finance Ltd v Torero Pty Ltd (1989) ASC 55-943 CASES CITED : Lam v Ausintel Investments Australia (1989) 97 FLR 458 Pilmer v Duke Group Ltd (in liq) (2001) 207 CLR 165 Rawley Pty Ltd v Bell (No. 2) (2007) 61 ACSR 648 Rhone-Poulenc Agrochimie SA v UIM Chemical Services Pty Ltd (1986) 12 FCR 477 Rosenberg v Percival (2001) 205 CLR 434 Semrani v Manoun [2001] NSWCA 337 United Dominions Corporation Limited v Brian Pty Limited (1985) 157 CLR 1 Warner v Elders Rural Finance Ltd (1993) 41 FCR 399 Winterton Constructions Pty Ltd v Hambros Australia Ltd (1992) 39 FCR 97
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