Hampshire Assets and Services v Blackman [2018] NSWSC 1096

Supreme Court New South Wales

Medium Neutral Citation: Hampshire Assets and Services v Blackman [2018] NSWSC 1096 Hearing dates: 18/06/2018; 19/06/2018; 20/06/2018; 21/06/2018; 28/06/2018 and 29/06/2018 Date of orders: 18 July 2018 Decision date: 18 July 2018 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Dismiss proceedings; reserve costs. Catchwords: COMMERCE – misleading or deceptive conduct – plaintiff and related entities proposed to enter into a series of options contracts – whether representations as to associated capital gains tax liability were made – necessary to consider the alleged representations in context – where communications containing the alleged representations were expressed to be provisional and dependent on external specialist advice – no representations made as to CGT liability – whether, if made, representations would be misleading or deceptive – where subsequent external specialist advice confirmed contents of original communications – initial representations had no capacity to lead plaintiff into error – proceedings dismissed. Legislation Cited: Civil Liability Act 2002 (NSW) Evidence Act 1995 (NSW) Income Tax Assessment Act 1936 (Cth) Income Tax Assessment Act 1997 (Cth) Professional Standards Act 1994 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: Butcher v Lachlan Elder Realty Pty Ltd (2004) 218 CLR 592 Cam & Bear Pty Ltd v McGoldrick [2018] NSWCA 110 Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304 Christie v Purves (2007) 69 ATR 155 Dansar Pty Ltd v Byron Shire Council (2014) 89 NSWLR 1 Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 Global Sportsman Pty Ltd v Mirror Newspapers Pty Ltd (1984) 2 FCR 82 Heydon v NRMA Limited (2000) 51 NSWLR 1 Hungerfords v Walker (1989) 171 CLR 125 Ku-ring-gai Council v Chan (2017) 224 LGERA 330 Lahoud v Lahoud [2009] NSWSC 623 Leda Pty Ltd v Weerden (2007) 63 ACSR 636 MGICA (1992) Ltd v Kenny and Good Pty Ltd (1996) 140 ALR 313 Miller and Associates Insurance Broking Pty Ltd v BMW Australia Finance Limited (2010) 241 CLR 357 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Hampshire Assets and Services Pty Ltd (Plaintiff) Adam Paul Blackman (First Defendant) Robert Alexander Rochlin (Second Defendant) Germasimos Papas (Third Defendant) Phillip Nathan Opit (Fourth Defendant) John Bruce Wallis (Fifth Defendant) Representation: Counsel: A Leopold SC / MR Cairns (Plaintiffs) DH Mitchell / B Mostafa (Defendants)