Business Custodians Ltd v Upintheair Pty Ltd (formerly Coffs Colour Printers Pty Ltd) [2015] NSWDC 249

District Court New South Wales

Medium Neutral Citation: Business Custodians Ltd v Upintheair Pty Ltd (formerly Coffs Colour Printers Pty Ltd) [2015] NSWDC 249 Hearing dates: 6,7,8,9,15 and 20 October 2015 Date of orders: 03 November 2015 Decision date: 03 November 2015 Jurisdiction: Civil Before: Elkaim SC DCJ Decision: 1. Verdict for the plaintiffs against the defendants on the Statement of Claim. 2. Judgment for the second plaintiff against the defendants in the sum of $113,164.97. 3. Verdict for the cross-claimants for the vendor finance cross-claim, otherwise verdict for the cross-defendants on the Cross-Claim. 4. The defendants/cross-claimants to pay the plaintiffs/cross-defendants' costs of the proceedings as agreed or assessed. The Court notes: 5. The judgment for the second plaintiff in Order 2 includes a set off of the value of the cross-claimants' verdict on the vendor finance claim. Catchwords: Contract for sale of business, misrepresentation of trading figures, fees under a consultancy agreement. Legislation Cited: Civil Procedure Act 2005 Competition and Consumer Act 2010 (Cth) Uniform Civil Procedure Rules 2005 Category: Principal judgment Parties: Business Custodians Limited (First Plaintiff) Pepperprint Pty Ltd (Second Plaintiff and First Cross-Defendant) Upintheair Pty Ltd (formerly known as Coffs Colour Printers Pty Ltd) (First Defendant and First Cross-Claimant) Jamie Leigh McKinnon (Second Defendant and Second Cross-Claimant) Bruce Dwyer (Second Cross-Defendant) Representation: Counsel: J Priestley SC (First and Second Plaintiffs and First and Second Cross Defendants) A Fernon (First and Second Defendants and First and Second Cross-Claimants)