Auslink Investment Co Associates Pty Ltd v Sackl [2019] NSWSC 1227

Supreme Court New South Wales

Medium Neutral Citation: Auslink Investment Co Associates Pty Ltd v Sackl [2019] NSWSC 1227 Hearing dates: 20 June, 26 June 2019 Decision date: 17 September 2019 Jurisdiction: Common Law Before: Button J Decision: (1) Judgment for the plaintiff against the defendant for damages as referred to in the statement of claim to be assessed.

(2) Verdict and judgment for the plaintiff against the defendant in the sum of $361,000 together with interest pursuant to s 100 of the Civil Procedure Act 2005 (NSW) from 26 April 2018 to 30 June 2019 in the amount of $23,445.22 as calculated in the Schedule, and interest thereafter continuing at the daily rate of $54.40 until the date that this judgment is entered.

(3) The defendant must pay the plaintiff's costs of the proceedings. Catchwords: CONSUMER LAW – misleading and deceptive conduct – plaintiff unwittingly entered into contract with a wound-up corporation associated with defendant – monies paid over to accounts associated with defendant pursuant to contract – matter heard ex parte – misleading and deceptive conduct clearly established – damages awarded Legislation Cited: Competition and Consumer Act 2010 (Cth), sch 2 Fair Trading Act 1987 (NSW), ss 5A and 28 Uniform Civil Procedure Rules (NSW), rr 16.2 and 16.3 Category: Principal judgment Parties: Auslink Investment Co Associates Pty Ltd (Plaintiff) James Sackl (Defendant) Representation: Counsel: CD Freeman (Plaintiff)

Solicitors: Goodwin & Co (Plaintiff) File Number(s): 2018/328432