NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Osborne Metal Industries v Bullock (No.4) [2011] NSWSC 674 Hearing dates: 20/06/2011, 21/06/2011, 22/06/2011, 23/06/2011 and 24/06/2011 Decision date: 24 June 2011 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: First plaintiff succeeds against first defendant. Defendants otherwise succeed. Parties to bring in short minutes of order. Costs reserved. Catchwords: TRADE PRACTICES - misleading or deceptive conduct - whether misleading statement in financial records - whether any misrepresentation induced plaintiffs to act - reliance - question of fact.
RESTITUTION - money had received - whether agreement for retention of funds - whether estoppel defence by reason of change of position. Cases Cited: Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Roxborough v Rothmans of Pall Mall Australia Limited (2001) 208 CLR 516 Category: Principal judgment Parties: Osborne Metal Industries (NSW) Pty Ltd ACN 003 284 928 (First Plaintiff) Brooker Holdings Pty Limited ACN 003 912 258 (Second Plaintiff) Bullock MFG Pty Ltd ACN 001 199 677 (First Defendant) Roy James Jackson (Second Defendant) Rodney John Jackson (Third Defendant) Representation: Counsel: D B Studdy SC / J H Stephenson (Plaintiffs) F C Corsaro SC / J J Young (Defendants)
Solicitors: Watson Mangioni Lawyers Pty Limited (Plaintiffs) Bundock / Palmer Laywers (Defendants) File Number(s): 2009/298671
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