Williams v Pisano [2015] NSWCA 177

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Williams v Pisano [2015] NSWCA 177 Hearing dates: 14 May 2015 Date of orders: 29 June 2015 Decision date: 29 June 2015 Before: Bathurst CJ at [1]; McColl JA at [5]; Emmett JA at [7] Decision: 1 Appeal allowed.

2 The orders made by Hammerschlag J on 15 August 2014 against the appellant be set aside, and in lieu thereof:

(a) there be judgment for the second defendant;

(b) the plaintiffs pay the second defendant's costs of the trial.

3 The respondents pay the appellant's costs of the appeal.

4 If otherwise qualified, the respondents have a certificate under the Suitors' Fund Act 1951 (NSW). Catchwords: TRADE AND COMMERCE – Australian Consumer Law – conduct "in trade or commerce" – whether representations made on behalf of vendors to prospective purchasers of a residential property constituted conduct "in trade or commerce" – relevance of the fact of prior renovation of the property, with the intention to sell it at a profit

TRADE AND COMMERCE – proportionate liability – whether Pt VIA of the Competition and Consumer Act 2010 (Cth) applies to a claim for damages caused by conduct done in contravention of a provision of the Australian Consumer Law other than s 18

TRADE AND COMMERCE – proportionate liability – definition of "concurrent wrongdoer", s 87CB(3) – whether that term applies to a single act committed by two or more persons jointly

TRADE AND COMMERCE – proportionate liability – apportionment, s 87CD(1) – whether that provision requires that the sum of the judgment sums against each of the concurrent wrongdoers not exceed 100 per cent