Cadence (90) Investments Pty Ltd as trustee of the GDC Discretionary Trust v Simon Dougal Chalmers [2019] NSWSC 1168

Supreme Court New South Wales

Medium Neutral Citation: Cadence (90) Investments Pty Ltd as trustee of the GDC Discretionary Trust v Simon Dougal Chalmers [2019] NSWSC 1168 Hearing dates: 2 September 2019 Decision date: 06 September 2019 Jurisdiction: Equity - Commercial List Before: Hammerschlag J Decision: Judgment for the first plaintiff against the first and second defendants for $1,066,649.73, with interest calculated to the date of this judgment. Judgment for the second plaintiff against the first and second defendants for $49,986.63, with interest calculated to the date of this judgment. Catchwords: CONSUMER LAW – Australian Consumer Law sections 2, 18 and 236 – misleading or deceptive conduct in trade or commerce – person involved in contravention – where plaintiffs make an investment by way of share subscription relying on information provided by first defendant which is false because revenue is overstated – knowing involvement of the second defendant in the contravention – damages – assessment – where plaintiffs investment is worthless; HELD: plaintiffs entitled to damages against first and second defendants; LEGAL PRACTITIONERS – requirement not to communicate contentious material to a judge of the Court other than in open Court –Solicitors' Conduct Rules – where solicitors for the first and second defendants send without leave or consent contentious material prior to a motion being heard at which they do not intend to appear – impropriety of same – reiterated that legal practitioners should not communicate in this fashion Legislation Cited: Australian Consumer Law Civil Procedure Act 2005 (NSW) Competition and Consumer Act 2010 (Cth) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) Cases Cited: Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304 Cronulla-Sutherland District Rugby League Football Club Limited v Nationwide News Pty Ltd [2013] NSWSC 494 Hampton Court Ltd v Crookes (1957) 97 CLR 367 Henville v Walker (2001) 206 CLR 459 Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd (2008) 73 NSWLR 653 March v Stramare (E & MH) Pty Ltd (1991) 171 CLR 506 R v Fisher (2009) 22 VR 343 Re JRL; Ex Parte CJL (1986) 161 CLR 342 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 Yorke v Lucas (1985) 158 CLR 661 Young v Jackman (1986) 7 NSWLR 97 Category: Principal judgment Parties: Cadence (90) Investments Pty Ltd as trustee of the GDC Discretionary Trust - First Plaintiff Thomas Stevens - Second Plaintiff