Capogreco v Rogerson [2015] NSWSC 1371

Supreme Court New South Wales

Medium Neutral Citation: Capogreco v Rogerson [2015] NSWSC 1371 Hearing dates: 20, 21, 22 and 23 July 2015 Date of orders: 17 September 2015 Decision date: 17 September 2015 Jurisdiction: Equity Before: Bergin CJ in Eq Decision: Plaintiffs' claims against the defendant for misleading or deceptive conduct are to be dismissed. Plaintiffs entitled to declarations in relation to their respective ownership of the shares in the horse and to an account from the second defendant. Catchwords: MISLEADING OR DECEPTIVE CONDUCT – where plaintiffs purchased shares in racehorse – whether defendant made representations that the investment was safe and that it did not matter if the horse won a race or not because the bloodlines made it a valuable stud prospect.

CONTRACT – where owners authorised the defendant to enter the horse in the Magic Millions auction – whether the defendant was authorised to sell the plaintiffs shares at a private sale without notice to the plaintiffs. Legislation Cited: Conveyancing Act 1919 Sale of Goods Act 1923 Cases Cited: Colin Graham Kimber and Lynette Mary Manwaring v Susan and John McNair [2008] NSWDC 114 Dennis v Dennis (1971) 124 CLR 317 Ferrari v Beccaris [1979] 2 NSWLR 181 French v Styring (1857) 2 CB (NS) 357; 140 ER 455 Leason Pty Ltd v Princes Farm Pty Ltd [1983] 2 NSWLR 381 Re Gillie & Ors; Ex parte Cornell (1996) 150 ALR 110 Texts Cited: DP Derham, "Conversion by Wrongful Disposal as Between Co-Owners" (1952) 68 LQR 507 Category: Principal judgment Parties: Antonio Capogreco (1st Plaintiff) Rosa Capogreco (2nd Plaintiff) Anna Pirrello (3rd Plaintiff) Joseph Mark Pirrello (4th Plaintiff) Graeme Rogerson (1st Defendant) Bruce McHugh (2nd Defendant) Representation: Counsel: MR Pesman SC/A Di Francesco (Plaintiffs) RS Angyal SC/EW Young (1st Defendant) V Brigden (2nd Defendant)