Dylan Mann & Co Pty Ltd as trustee for the Mann Family Trust v Tiejag Pty Limited as trustee for the Skeihy Khoury Family Trust [2018] NSWSC 1334

Supreme Court New South Wales

Medium Neutral Citation: Dylan Mann & Co Pty Ltd as trustee for the Mann Family Trust v Tiejag Pty Limited as trustee for the Skeihy Khoury Family Trust [2018] NSWSC 1334 Hearing dates: 6 to 10 August 2018 Decision date: 31 August 2018 Jurisdiction: Equity - Commercial List Before: Ball J Decision: 1. Judgment for the plaintiff in the sum of $299,783.98.

2. The defendant's cross-claim filed on 23 November 2015 be dismissed.

3. Direct that within 14 days of today's date the parties fix a date with Associate for any argument in relation to costs if costs cannot be agreed. Catchwords: CONTRACTS – Construction – Interpretation – Determination of the net profit of a business for the purpose of determining the amount owed under a contract for the sale of the business CONTRACTS – Misleading conduct under statute – Misleading or deceptive conduct – Opinions – Predictions – False statements – Whether the impugned representations were made – Whether the impugned representations were misleading or deceptive – Causation and reliance – Entire agreement clauses – Correct approach to measuring loss CONTRACTS – Breach of contract – Damages – Correct approach to measuring loss Legislation Cited: Australian Consumer Law Trade Practices Act 1974 (Cth) Cases Cited: Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304; [2009] HCA 25 Commonwealth v Amann Aviation Pty Limited (1991) 174 CLR 64; [1991] HCA 54 EW Blanch Pty Ltd v Cooper [2005] NSWCA 217 Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (No 1) (1988) 39 FCR 546 IOOF Australia Trustees (NSW) Ltd v Tantipech (1998) 156 ALR 470 Keeley v Horton [2017] 1 Qd R 414; [2016] QCA 68 Keen Mar Corp Pty Ltd v Labrador Park Shopping Centre Pty Ltd (1989) ATPR 46-048 Wenham v Ella (1972) 127 CLR 454 Category: Principal judgment Parties: Dylan Mann & Co Pty Ltd as trustee for the Mann Family Trust ACN 119 987 978 (Plaintiff/First Cross-Defendant) Tiejag Pty Limited as trustee for the Skeihy Khoury Family Trust ACN 088 689 203 (Defendant/Cross-Claimant) Dylan Mann (Second Cross-Defendant) Representation: Counsel: AD Crossland with JE Treherne (Plaintiff/Cross Defendants) J Darams with M Baroni (Defendant/Cross Claimant)