Peter Luscombe Ward v Youfa Xiang [2017] NSWCA 39

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Peter Luscombe Ward v Youfa Xiang [2017] NSWCA 39 Hearing dates: 17/02/2017 Date of orders: 09 March 2017 Decision date: 09 March 2017 Before: Gleeson JA; Leeming JA; McDougall J Decision: Appeal dismissed with costs. Catchwords: TRADE PRACTICES – misleading or deceptive conduct – appeal from decision of primary judge finding representations were made and relied upon – where appellant misrepresented operations of the business to potential investor – whether appellant engaged in misleading or deceptive conduct – where representations were made through a third party – whether the representations were relied upon by the plaintiff Legislation Cited: Australian Securities and Investment Commission Act 2001 (Cth) Trade Practices Act 1974 (Cth) Cases Cited: Gould v Vaggelas (1985) 157 CLR 215 Category: Principal judgment Parties: Peter Luscombe Ward (Appellant) Youfa Xiang (Respondent) Representation: Counsel: M J Windsor SC (Appellant) M W Young SC (Respondent)

Solicitors: Capello Rowe Lawyers (Appellant) Dixon Holmes Lawyers (Respondent) File Number(s): 2016/151241 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Citation: [2016] NSWDC 86 Date of Decision: 04/05/2016 Before: P Taylor SC DCJ File Number(s): 2013/304886