Chiodo Corporation Pty Ltd v Refresh Finance Pty Ltd [2020] NSWSC 453

Supreme Court New South Wales

Medium Neutral Citation: Chiodo Corporation Pty Ltd v Refresh Finance Pty Ltd [2020] NSWSC 453 Hearing dates: 27 March 2020 Date of orders: 05 May 2020 Decision date: 05 May 2020 Jurisdiction: Common Law Before: Harrison J Decision: (1) Allow Chiodo Corporation Pty Ltd's appeal. (2) Dismiss Infin8 Finance Group Pty Ltd's cross-appeal. (3) Set aside the orders made by her Honour Atkinson LCM on 29 October 2019. (4) In lieu thereof, order that the statement of claim filed by Refresh Finance Pty Ltd on 8 June 2018 be dismissed. (5) Set aside the costs orders made by her Honour Atkinson LCM on 21 November 2019. (6) Dismiss the cross-claim filed by Chiodo Corporation Pty Ltd on 14 February 2019. Catchwords: APPEAL — contracts — misleading or deceptive conduct — pre-contractual statements and representations — where one party enters into contract relying on certain representations made that presales condition would be removed

CIVIL PROCEDURE — cross-claims — against third party

CORPORATIONS — agency — type of agent — finance broker — liability of agent — for representations — where representations made by director of sub-agent of party to contract — where representations relied on — where party to contract bound by conduct of its agent Legislation Cited: Australian Consumer Law Local Court Act 2007 (NSW) Cases Cited: Erikson v Carr (1945) 46 SR (NSW) 9 Esanda Finance Corporation Ltd v Spence Financial group Pty Ltd & Ors [2006] WASC 177 International Harvester Company of Australia Pty Ltd v Carrigan's Hazeldene Pastoral Company (1958) 100 CLR 644; [1958] HCA 16 Category: Principal judgment Parties: Chiodo Corporation Pty Ltd (First Plaintiff) Paul Chiodo (Second Plaintiff) Refresh Finance Pty Ltd (First Defendant) Infin8 Finance Group Pty Ltd (Second Defendant) Representation: Counsel: M Maconachie (Plaintiffs) G Gerges (First Defendant) M Friedgut (Second Defendant)