Perpetual Trustee Company Limited & anor v Peter Ishak [2012] NSWSC 697

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Trustee Company Limited & anor v Peter Ishak [2012] NSWSC 697 Hearing dates: 17, 21, 23, 24, 25, 28 June 2010; 1, 2, 5, 6, July 2010; 27 April 2011 Decision date: 25 June 2012 Jurisdiction: Equity Division Before: Brereton J Decision: Defendant engaged in misleading and deceptive conduct in contravention of Fair Trading Act, s 42, and made false representations in connection with potential grant of interest in land as to nature of the interest in contravention of s 45, and thereby Plaintiffs suffered loss. No apportionment between concurrent wrongdoers as proportionate liability does not apply in respect of s 45. Catchwords: TRADE PRACTICES - Misleading and deceptive conduct - conveyancer represented to incoming mortgagee that contracts had been exchanged - incoming mortgagee advanced funds where borrower had represented that contracts had been exchanged - Whether conduct misleading or deceptive - Misrepresentation by conduct - (NSW) Fair Trading Act 1987 s 42, 68.

TRADE PRACTICES - Misleading and deceptive conduct - conveyancer represented to title insurer for incoming mortgagee that contracts had been exchanged - title insurer accepted risk where borrower had represented that contracts had been exchanged - Whether conduct misleading or deceptive - Misrepresentation by conduct - (NSW) Fair Trading Act 1987 s 42, 68.

TRADE PRACTICES - false or misleading representations concerning the nature of an interest in land - whether representation concerned the nature of an interest in land - misrepresentation concerning grant of an equitable interest in land by falsely representing to mortgagee that mortgagor had equitable interest in land - misrepresentation by agents - (NSW) Fair Trading Act 1987 s 45.