HM&O Investments v Ingram [2012] NSWSC 958

Supreme Court New South Wales

Medium Neutral Citation: HM&O Investments v Ingram [2012] NSWSC 958 Hearing dates: 06/06/2011, 07/06/2011, 08/06/2011, 09/06/2011, 10/06/2011, 14/06/2011, 15/06/2011,17/06/2011, 13/08/2012, 15/08/2012 and 16/08/2012 Decision date: 31 August 2012 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: Judgment for plaintiffs against defendants for $10,000.00. Costs reserved. Catchwords: [TRADE PRACTICES] - misleading or deceptive conduct - whether defendants represented that playground equipment manufactured and sold by them complied with relevant safety standards - whether products manufactured in a way that ensured that they would comply with the requirements of the safety standard - whether defendants represented that increase in sales of their business was due to the purchase of products that complied with the safety standard - whether representations false, misleading or deceptive - whether plaintiffs relied upon the conduct or representations in deciding to enter into the contract for the purchase of the defendants business.

[DAMAGES] - misleading or deceptive conduct - calculation of damages - where plaintiffs assert they would not have entered into transaction but for misleading or deceptive conduct - whether value of the business was affected, positively or negatively, by the misleading or deceptive conduct alleged - whether plaintiffs suffered damage "by" the conduct or representations - whether any business expenses incurred by the plaintiffs are recoverable. Legislation Cited: Fair Trading Act1987 (NSW) Cases Cited: Abigroup Contractors Pty Ltd v Sydney Catchment Authority (No. 3) (2006) 67 NSWLR 341 Elna Australia Pty Ltd v International Computers (Aust) Pty Ltd (No. 2) (1987) 16 FCR 410 Gould v Vaggelas (1984) 157 CLR 215 Henville v Walker (2001) 2006 CLR 459 Jones v Dunkel (1959) 101 CLR 298 Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361 Nguyen v Cosmopolitan Homes [2008] NSWCA 246 Potts v Miller (1940) 64 CLR 282 Travel Compensation Fund v Tambree (2006) 224 CLR 627 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: H M & O Investments Pty Limited (First Plaintiff) Teach & Play Pty Limited (Second Plaintiff) Bradley Phillip Ingram (First Defendant) Glenda Louise Ingram(Second Defendant) Representation: S A Gregory (06/06/2011 to 17/06/2011) then D M Loewenstein (13/08/2012 to 16/08/2012) (Plaintiffs) G Curtin SC / J A English (Defendants) Owen Hodge Lawyers (Plaintiffs) TressCox Lawyers (Defendants) File Number(s): 2009/297464