WG Riverview Pty Ltd v Ireland [2019] NSWDC 79

District Court New South Wales

Medium Neutral Citation: WG Riverview Pty Ltd v Ireland [2019] NSWDC 79 Hearing dates: 18 – 20 February 2019 Date of orders: 26 March 2019 Decision date: 26 March 2019 Jurisdiction: Civil Before: Sidis ADCJ Decision: 1. Verdict and judgment for the plaintiff in the sum of $200,191.88 2. The defendants are to pay the plaintiff's costs of the proceedings. This order is suspended for seven days to allow the parties, within that period, to list the matter of costs for further argument 3. The exhibits will be retained for 28 days Catchwords: COMMERCIAL – False representations – Misleading conduct – Disclaimer clause – Assessment of damages – Mitigation – Contingencies Legislation Cited: Australian Consumer Law ss 18, 236 Competition and Consumer Act 2010 (Cth) s 2 Cases Cited: Benlist Pty Ltd v Olivetti Australia Ltd 1990 ATPR 41-043 Butcher v Lachlan Elder Realty Pty Ltd [2004] HCA 60; 218 CLR 592 Campbell v Backoffice Investments Pty Ltd [2009] HCA 25; (2009) 238 CLR 304 Re Global Sportsman Pty Ltd v Mirror Newspapers Pty Ltd [1984] 2 FCR 82 Texts Cited: The Laws of Australia: Contract (2003) Prof Davis and Dr Seddon Cheshire & Fifoot: The Law of Contract, 8th Aust Ed, Dr Seddon & Prof. Ellinghaus Category: Principal judgment Parties: WG Riverview Pty Limited (Plaintiff) Corey Dean Ireland & Prudence Jane Ireland (Defendants) Representation: Counsel: G E Babe (for the Plaintiff) D-L Del Monte (for the Defendants)