Hyder v McGrath Sales Pty Ltd [2017] NSWSC 1647

Supreme Court New South Wales

Medium Neutral Citation: Hyder v McGrath Sales Pty Ltd [2017] NSWSC 1647 Hearing dates: 5, 6, 7, 8 September 2017 Date of orders: 30 November 2017 Decision date: 30 November 2017 Jurisdiction: Equity - Commercial List Before: Parker J Decision: Proceedings dismissed Catchwords: Consumer Law – misleading and deceptive conduct – sale of residential property – purchase in name of wife where husband is property developer and made decision to purchase – representations as to private parking on right of way made by real estate agents and on websites, signs and brochures – claim brought against vendor's agents – statement of law as a statement of opinion – causation – "no transaction" case – emotional reasons for purchase – loss – expert valuation evidence – direct comparison analysis in a thin and high value market – estimate of damages – contributory negligence – purchaser's failure to take reasonable care in conducting enquiries – disclaimers in special conditions to contract for sale of property – right of way reported to purchaser prior to purchase Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 ss 18, 236 Cases Cited: Forrest v Australian Securities and Investments Commission (2012) 247 CLR 486; [2012] HCA 39 Trewin v Felton (2007) 13 BPR 24,579; [2007] NSWSC 851 Williams v Pisano (2015) 90 NSWLR 342; [2015] NSWCA 177 Yorke v Lucas (1985) 158 CLR 661; [1985] HCA 65 Category: Principal judgment Parties: Amy Louise Hyder (Plaintiff) McGrath Sales Pty Ltd (Defendant) Representation: Counsel: J Sleight (Plaintiff) RCA Higgins/PJ Strickland (Defendant)