Williams v Pisano [2015] NSWCA 177

Williams v Pisano [2015] NSWCA 177
Court of Appeal of New South Wales
Bathurst CJ; McColl & Emmett JJA
Building and construction – trade practices – negligence – plaintiffs purchased house from owner-builder and husband – house was profoundly defective in its construction – sale preceded by false information given by owner-builder and appellant husband to real estate agent which was then passed on with their authority to purchasers – information played significant part in purchasers’ decision to buy – purchasers sought damages for reasonable cost of remedying defects – primary judge gave judgment for purchasers – primary judge satisfied sale was a transaction in trade or commerce and that conduct complained of was in trade or commerce – falsity of representations established – mis-statements made in advertising material direct and intended positively to influence reader to buy – misleading conduct induced purchasers to enter contract – reliance established – claim in negligence not made out – held: primary judge erred in concluding that representations constituted conduct engaged in by appellant in trade or commerce – no contravention on the part of appellant of either ss18 or 30 Australian Consumer Law – appeal allowed.
Williams