Port Adelaide Power Investments Pty Limited as trustee for the Cygnatius Investment Trust v Mullins [2019] NSWSC 170

Supreme Court New South Wales

Medium Neutral Citation: Port Adelaide Power Investments Pty Limited as trustee for the Cygnatius Investment Trust v Mullins [2019] NSWSC 170 Hearing dates: 12 February 2019 Date of orders: 28 February 2019 Decision date: 28 February 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Judgment for the plaintiff in the sum of $350,000 plus interest.

(2) The defendant is to pay the plaintiff's costs of the proceedings.

(3) The plaintiff provide short minutes of order to give effect to my judgment within seven days by email to the defendant and my Associate, including a schedule of calculations of interest on the advanced sums up to the date of judgment. Catchwords: TORTS – miscellaneous torts – deceit – loan agreement – whether loan advance representations were false – whether reliance placed on false representations – whether damage suffered because of false representations – tort of deceit made out Legislation Cited: Fair Trading Act 1987 (NSW) Bankruptcy Act 1966 (NSW) Evidence Act 1995 (NSW), s 140(2) Cases Cited: Derry v Peek (1889) 14 App Cas 337 Magill v Magill (2006) 226 CLR 551 Williamson v Elders Rural Services Australia Limited (No. 2) [2018] NSWSC 1986 Vu v New South Wales Crime Commission [2013] NSWCA 282 Category: Principal judgment Parties: Port Adelaide Power Investments Pty Limited t/as trustee for the Cygnatius Investment Trust (Plaintiff) Gregory Keith Mullins (Defendant) Representation: Counsel: Dinesh Ratnam (Plaintiff) No appearance (Defendant)