Ahern v Associated Products Pty Ltd & Anor [2017] NSWDC 185

District Court New South Wales

Medium Neutral Citation: Ahern v Associated Products Pty Ltd & Anor [2017] NSWDC 185 Hearing dates: 22 – 24 March 2017, 27 – 30 March 2017 Date of orders: 30 March 2017 Decision date: 30 March 2017 Jurisdiction: Civil Before: Neilson DCJ Decision: Verdict and judgment for the plaintiff against the first defendant for $122,000.

Verdict and judgment for the second defendant against the plaintiff.

Order the first defendant to pay 90% of the plaintiff's costs on the ordinary basis until 27 February 2017 and 90% of the plaintiff's costs on an indemnity basis from 28 February 2017. Catchwords: CONTRACT – CONSUMER PROTECTION

TORTS – DECEIT

Sale of distributorship of confectionery products over a territory for 2 years – Whether misleading or deceptive conduct by vendor – Whether vendor guilty of tort of deceit – Whether director of defendant company had accessorial liability Legislation Cited: Competition and Consumer Act 2010 (Cth) Trade Practices Act 1974 (Cth) Cases Cited: Edgington v Fitzmaurice (1885) 29 Ch D 459 Helton v Allen (1940) 63 CLR 691 Keller v LED Technologies Pty Ltd [2010] FCFCA 55 King v GIO Australia Holdings Ltd [2001] FCA 238 Krakowski v Eurolynx Pty Ltd (1995) 183 CLR 563 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Bronwyn Louise Ahern (Plaintiff) Associated Products Pty Ltd (First Defendant) Paul Sengos (Second Defendant) Representation: Counsel: Mr M Klooster (Plaintiff) Mr J Hassett (Defendant)