SW Investments NSW Pty Ltd v 16 Boondilla Pty Ltd [2017] NSWSC 762

Supreme Court New South Wales

Medium Neutral Citation: SW Investments NSW Pty Ltd v 16 Boondilla Pty Ltd [2017] NSWSC 762 Hearing dates: 5 June 2017 Date of orders: 14 June 2017 Decision date: 14 June 2017 Jurisdiction: Equity Before: Darke J Decision: Orders made declaring agreements void and requiring defendants to compensate first plaintiff for loss. Catchwords: CONSUMER LAW – misleading or deceptive conduct –agreements executed for purchase of share of property– money paid towards purchase – inaccurate and incomplete explanation of transaction given by defendant to plaintiff – failure to disclose true nature of transaction – where plaintiff had poor command of English and relied on defendant's explanation of documents – agreements declared void – orders made requiring defendants to compensate plaintiff for loss Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2, ss 18, 237 Corporations Act 2001 (Cth), s 500 Uniform Civil Procedure Rules 2005 (NSW), r 29.7 Category: Principal judgment Parties: SW Investments NSW Pty Ltd (First Plaintiff) Huijing Song (Second Plaintiff) 16 Boondilla Pty Ltd (First Defendant) PRM Development (NSW) Pty Ltd (Second Defendant) Xin Li (Third Defendant) PRCM Constructions Pty Ltd (Fourth Defendant) Representation: Counsel: Mr M K Condon SC (Plaintiffs)

Solicitors: Juris Cor Legal (Plaintiffs) File Number(s): 2015/338463 Publication restriction: None