Aberford Holdings Pty Ltd trading as Carpet Cleaners Warehouse v Awad [2013] NSWDC 303

District Court New South Wales

Medium Neutral Citation: Aberford Holdings Pty Ltd trading as Carpet Cleaners Warehouse v Awad [2013] NSWDC 303 Hearing dates: 1, 2, 3, 4 and 14 October 2013 Decision date: 20 December 2013 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Plaintiff's claim dismissed. (2) In the event that no submissions in respect of costs are filed and served within 28 days, there shall be an order that the plaintiff pay the defendant's costs. In the event that submissions on costs are received, judgment on costs will be reserved so as enable the other party to serve any responsive submission within a further 14 days. Catchwords: MISLEADING CONDUCT - employee - trade or commerce - whether representations made - whether misleading - reliance - belief of representee - damages - lost profit Legislation Cited: Fair Trading Act 1987, s 41 Trade Practices Act 1974 (Cth), s 75B Cases Cited: BBB Constructions v Aldi Foods [2010] NSWSC 1352 Ballantyne v Raphael (1889) 15 VLR 538 Bradken Consolidated Ltd v Broken Hill Pty Co Ltd (1979) 145 CLR 107 Butcher v Lachlan Elder Realty Pty Limited [2004] HCA 60 CH Real Estate Pty Ltd v Jainran Pty Ltd; Boyana Pty Ltd v Jainran Pty Ltd [2010] NSWCA 37 De Costi Seafoods (Franchises) Pty Limited and Anor v Wachtenheim (No 3) [2013] NSWDC 54 Ferguson v Federal Commissioner of Taxation (1979) 26 ALR 307 Helton v Allen (1940) 63 CLR 691 Houghton v Arms [2006] HCA 59; (2006) 225 CLR 553 Remedial Building Services Australia Pty Limited v Pony (NSW) Pty Ltd [2013] NSWDC 128 Smith v Anderson [1880] 15 Ch D 247; [1874 -80] All ER Rep 1121 TCN Channel Nine Pty Ltd v Ilvariy Pty Ltd (2008) 71 NSWLR 323 United Dominions Corp Ltd v Brian Pty Ltd (1985) 157 CLR 1 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Aberford Holdings Pty Ltd trading as Carpet Cleaners Warehouse (plaintiff) Merwan (Mark) Awad (defendant) Representation: Mr S Gray (plaintiff) Mr T O Bland (defendant) HWL Ebsworth Lawyers (plaintiff) Harb Lawyers (defendant) File Number(s): 2011/268260 Publication restriction: No