Nadinic v Cheryl Drinkwater as trustee for the Cheryl Drinkwater Trust [2020] NSWCA 2

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nadinic v Cheryl Drinkwater as trustee for the Cheryl Drinkwater Trust [2020] NSWCA 2 Hearing dates: 19 November 2019 Decision date: 07 February 2020 Before: Meagher JA (at [1]) Leeming JA (at [2]) Barrett AJA (at [3]) Decision: (1) Appeal dismissed. (2) The appellant pay the respondent's costs of the appeal. Catchwords: CONSUMER LAW – misleading or deceptive conduct – where parties engaged in joint venture – where subsequently parties entered deed of settlement to resolve disputes – where one party misunderstood financial position of an entity being acquired under deed – where that party did not make inquiries to verify position – where other party participated in causing the misunderstanding, was aware of it and failed to correct it – whether conduct misleading or deceptive

TAXES AND DUTIES – GST – input tax credits – entitlement to refunds Legislation Cited: A New Tax System (Goods and Services Tax) Act 1999 (Cth), ss 7.1, 11.5, 17.5, 29.10, 31.5 Competition and Consumer Act 2010 (Cth), Sch 2, s 18 Cases Cited: Australia Finance Ltd (2010) 241 CLR 357 [2010] HCA 31 Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31; [1992] FCA 557 Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (1988) 39 FCR 546; [1988] FCA 40 Johnson Tiles Pty Ltd v Esso Australia Pty Ltd (2000) 104 FCR 564; [2000] FCA 1572 Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Ltd (2010) 241 CLR 357; [2010] HCA 31 Category: Principal judgment Parties: Andrew Frane Nadinic (Appellant) Cheryl Drinkwater (Respondent) Representation: Counsel: I Pike SC and A G Martin (Appellant) M A Ashhurst SC and L D Corbett (Respondent)