Kids Club Rozelle Pty Ltd v European Hire Cars Pty Ltd [2018] NSWSC 1115

Supreme Court New South Wales

Medium Neutral Citation: Kids Club Rozelle Pty Ltd v European Hire Cars Pty Ltd [2018] NSWSC 1115 Hearing dates: 4-7 June 2018 Date of orders: 19 July 2018 Decision date: 19 July 2018 Jurisdiction: Equity Before: Darke J Decision: Defendant's claims under Australian Consumer Law dismissed. Deed of Surrender of Lease remains on foot. Catchwords: CONSUMER LAW – misleading or deceptive conduct – whether lessor induced to enter into lease by representations as to lessee's financial capacity – representations held to be as to future intentions not representations as to financial capacity – whether lessor induced to enter into deed of surrender of lease by misrepresentations as to expenditure by lessee and as to existence of potential assignees of lease – some representations found to be misleading or deceptive – misleading or deceptive conduct held not to be a cause of entry into deed Legislation Cited: Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law), ss 2, 4, 18, 237, 243 Cases Cited: Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640; [2013] HCA 54 Hanave Pty Ltd v LFOT Pty Ltd [1999] FCA 357 Kowalczuk v Accom Finance Pty Ltd (2008) 77 NSWLR 205; [2008] NSWCA 343 Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Ltd (2010) 241 CLR 357; [2010] HCA 31 Peninsula Balmain Pty Ltd v Abigroup Contractors Pty Ltd [2002] NSWCA 211 Category: Principal judgment Parties: Kids Club Rozelle Pty Ltd (Plaintiff/First Cross Defendant) European Hire Cars Pty Ltd (Defendant/Cross-Claimant) Corie Dax Stone (Second Cross-Defendant) Representation: Counsel: Mr S Balafoutis with Ms F St John (Plaintiff/Cross-Defendants) Mr D Savage QC with Mr M Karam (Defendant/Cross-Claimant)