Jewelsnloo Pty Ltd v Sengos (No 2) [2016] NSWSC 61

Supreme Court New South Wales

Medium Neutral Citation: Jewelsnloo Pty Ltd v Sengos (No 2) [2016] NSWSC 61 Hearing dates: 4 – 8 August 2014; 18 – 19 August 2015 Date of orders: 12 February 2016 Decision date: 12 February 2016 Jurisdiction: Equity Before: Robb J Decision: (1) Order that the first, fourth and fifth defendants be restrained by themselves, their servants or agents from selling, promoting for sale or distributing water filtration equipment and dispensers in any manner that involves those defendants in passing off their products or business as the products or business of the plaintiff. (2) Order that the proceedings be otherwise dismissed. (3) Direct the parties to deliver submissions on the costs orders that should be made in accordance with a timetable to be determined. (4) Order that the exhibits and any documents produced on subpoena may be returned forthwith in accordance with the Rules. Catchwords: TRADE AND COMMERCE – contract to purchase business – vendors made misrepresentation to the plaintiff concerning the turnover of the business – whether plaintiff relied upon the representation in entering into the contract to purchase the business – held plaintiff did not rely upon misrepresentation

TRADE AND COMMERCE – vendors had benefit of restraints of trade deed with prior vendor that prevented prior vendor from competing with vendors – whether prior vendor had made misrepresentation to the plaintiff concerning intention to compete with the plaintiff – whether prior vendor and vendors had made misrepresentations to the plaintiff concerning the subsistence of the deed and the plaintiff's entitlement to the benefit of the deed – held representations not made – whether prior vendor and vendors had made representations to the plaintiff by silence by failing to inform the plaintiff that the vendors had released the prior vendor's obligations under the deed – held representations not made