Fitzgerald v Deloitte Services Pty Ltd [2017] NSWCA 139

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Fitzgerald v Deloitte Services Pty Ltd [2017] NSWCA 139 Hearing dates: 29 May 2017 Date of orders: 21 June 2017 Decision date: 21 June 2017 Before: Bathurst CJ at [1]; Payne JA at [2]; Emmett AJA at [3] Decision: (1) The notice of appeal dated 13 December 2016 be dismissed. (2) The appellant pay the respondent's costs of the appeal. Catchwords: TRADE PRACTICES – misleading or deceptive conduct – s 18 of the Australian Consumer Law - whether the respondent relied on representations made by the appellant – whether it is necessary to establish reliance on representations – whether the appellant was 'involved' in contraventions of s 18 for the purposes of s 2 of the Australian Consumer Law – whether the appellant was liable for contraventions pursuant to s 236 of the Australian Consumer Law

CONTRACT – whether the primary judge erred in determining that a payment practice had been established – whether the primary judge misconstrued the terms and scope of the payment practice

APPEAL AND NEW TRIAL – no issue of principle – failure to demonstrate that the primary judge's findings were glaringly improbable or inconsistent with accepted evidence or with evidence overlooked by the primary judge Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Competition and Consumer Act 2010 (Cth), Schedule 2 Australian Consumer Law, ss 2, 18, 236 Cases Cited: Deloitte Services Pty Ltd v HBO EMTB Interiors (NSW) Pty Ltd (In Liquidation) [2016] NSWSC 1597 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Texts Cited: Nil Category: Principal judgment Parties: Kevin Michael Fitzgerald (Appellant) Deloitte Services Pty Ltd (Respondent) Representation: Counsel: K Fitzgerald (Appellant in person) D R Stack (Respondent)