Ventouris Enterprises Pty Ltd v Dib Group Pty Ltd [2010] NSWSC 963

New South Wales Supreme Court

CITATION : Ventouris Enterprises Pty Ltd v Dib Group Pty Ltd [2010] NSWSC 963 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 26 October 2009, 27 October 2009, 28 October 2009, 29 October 2009, 30 October 2009, 24 November 2009, 1 December 2009

JUDGMENT DATE : 13 September 2010

JUDGMENT OF : Slattery J at 1

CATCHWORDS : TRADE AND COMMERCE - Trade Practices Act 1974 and related legislation - family company makes $100,000 loan advance - borrower defaults - borrower's lessor and franchisor engages in misleading and deceptive conduct inducing advance - representation as to future matter, as to likelihood of future repayment of loan - operation of Trade Practices Act, s 51A - proof of reasonable grounds - concurrent wrongdoers - apportionment made under Trade Practices Act, s 87CD and Civil Liability Act, s 35 - DAMAGES - for lender's lost principal, interest and for expenses of recovery - CORPORATIONS - charges - operation of lender's floating charge over borrower's assets - nature of chargee's rights to presentation of charger's assets - lessor/franchisor seeks charged assets - TORTS - interference with contractual relations - claim lessor/franchisor's actions impair lenders' right under charge - EQUITY - trusts and trustees - claim of knowing receipt of trust property.

Civil Liability Act 2002, ss 34(1)(b), 35(1)(b), 100 Corporations Act 2001 (Cth) Chapter 2, K.2 LEGISLATION CITED : Fair Trading Act 1987, ss 41, 42 Law Reform (Miscellaneous Provisions) Act 1946, s 5 Real Property Act 1900, s 57(2)(b) Trade Practices Act 1974, ss 51A, 52, 82(1)