Bartlett v Weatherill [2017] NSWSC 31

Supreme Court New South Wales

Medium Neutral Citation: Bartlett v Weatherill [2017] NSWSC 31 Hearing dates: 1 February 2017 Date of orders: 06 February 2017 Decision date: 06 February 2017 Jurisdiction: Common Law Before: Adamson J Decision: 1. Allow the appeal in the summons filed on 29 July 2016.

2. Dismiss the cross-appeal in the cross-summons filed on 13 September 2016.

3. In Local Court proceedings 2014/00338451:

(a) Set aside the order for judgment made by Curran LCM on 8 June 2016.

(b) Order judgment in favour of the defendant (Clinton Bartlett) against the plaintiff (Dr Colin Weatherill).

4. Reserve for further determination the costs orders in the Local Court proceedings and in this Court.

5. Direct the parties to serve and provide to my Associate within seven days any application for costs of either proceedings, together with submissions and any evidence in support.

6. Direct the parties to serve and provide to my Associate within a further seven days any response to an application for costs by the other party.

7. Grant liberty to both parties to apply to list the matter before me for oral argument if thought necessary. Catchwords: CONSUMER LAW – measure of damages as a result of purchase of aircraft in reliance on misleading representation – amount paid exceeded estimate given wrongdoer – value of aircraft exceeded amount paid

DAMAGES – wronged party to be compensated only if suffered actual loss – no actual loss as aircraft's value exceeded amounts paid – judgment entered in favour of wronged party set aside