IBEB Pty Ltd v Duncan [2011] NSWCA 368

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: IBEB Pty Ltd v Duncan [2011] NSWCA 368 Hearing dates: 15 September 2011 Decision date: 28 November 2011 Before: Macfarlan JA at [1] Young JA at [79] Meagher JA at [80] Decision: (1) Appeal allowed in part. (2) If the parties are able to agree as to the amount of the judgment, inclusive of interest, that should in accordance with this judgment be entered in lieu of that entered at first instance, the parties should within fourteen days of this judgment, lodge with the Court a form setting out consent orders to be made by the Court in chambers. (3) If the parties are unable to so agree: (a) within fourteen days of the date of this judgment, the appellants should lodge and serve submissions as to the orders that should be made; (b) the respondents should respond within seven days thereafter; (c) the appellants should lodge any reply within seven days thereafter; and (d) the Court will determine what orders should be made on the basis of these submissions. (4) No order as to the costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TRADE AND COMMERCE - misleading and deceptive conduct - sale of newsagency business - whether schedule forming part of facsimile sent by vendor's accountant to purchasers prior to sale conveyed a misleading and deceptive representation of the business' wage expenses - whether purchasers relied on terms of facsimile