NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Xiang v Ward (No 3) [2016] NSWDC 86 Hearing dates: 26, 27, 28 April; 2 and 3 May 2016 Date of orders: 04 May 2016 Decision date: 04 May 2016 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for plaintiff in the sum of $727,812.71 inclusive of interest. (2) Direct the parties within 7 days to provide to my associate a list of mutually convenient dates for an argument concerning costs. Catchwords: MISLEADING CONDUCT – oral representations – knowingly concerned – representations about a business to an investor – permanent residency application – employee sponsorship Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth), s 12GF, s 13DA Evidence Act 1995, s 128 Trade Practices Act 1974 (Cth), s 52, s 82 Cases Cited: Gould v Vaggelas (1985) 157 CLR 215 at 236 Huntsman Chemical Co Australia Ltd v International Pools Australia Pty Ltd (1995) 36 NSWLR 242 Janssen-Cilag Pty Ltd v Pfizer Pty Ltd (1992) 109 ALR 638 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Youfa Xiang (plaintiff) Peter Luscombe Ward (defendant) Representation: Counsel: Mr M W Young SC (plaintiff) Mr M W E Maconachie (defendant)
Solicitors: Dixon Holmes Lawyers (plaintiff) Cappello Rowe Lawyers (defendant) File Number(s): 2013/304886 Publication restriction: None
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