Cheryl Drinkwater as trustee for the Cheryl Drinkwater Trust v Nadinic [2019] NSWSC 365

Supreme Court New South Wales

Medium Neutral Citation: Cheryl Drinkwater as trustee for the Cheryl Drinkwater Trust v Nadinic [2019] NSWSC 365 Hearing dates: 20, 21, 27, February 2019 Decision date: 05 April 2019 Jurisdiction: Equity Before: Emmett AJA Decision: Direct the plaintiff to file and serve within 14 days short minutes to give effect to these reasons. Catchwords: CONSUMER LAW – Misleading or deceptive conduct – Parties were engaged in a joint venture – Parties subsequently entered into deed of settlement – Whether deed of settlement was entered into by reason of conduct which was misleading or deceptive or likely to mislead or deceive – Misapprehension as to availability of GST input tax credits at the time deed of settlement was entered into – Representation by the defendant relating to GST input credits contributed to misapprehension – Defendant was aware of plaintiff's misapprehension – Failure by to defendant to inform the plaintiff that refunds of GST input tax credits had been paid to a company of which the defendant was a director and the sole shareholder – Quantum of loss – Whether project would have been completed under the Joint Venture agreed absent the misapprehension Legislation Cited: Competition and Consumer Act 2010 (Cth) Real Property Act 1900 (NSW) Cases Cited: Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Ltd (2010) 241 CLR 357 Midcoast County Council v Reed Constructions Australia Pty Ltd [2011] NSWCA 268 Winterton Constructions Pty Ltd v Hambrose Australia Ltd (1992) 111 ALR 649 Category: Principal judgment Parties: Cheryl Drinkwater as trustee for the Cheryl Drinkwater Trust (Plaintiff) Andrew Frane Nadinic (Defendant) Representation: Counsel: M A Ashhurst SC with L D Corbett (Plaintiff) A G Martin (Defendant)