Hyder v McGrath Sales Pty Ltd [2018] NSWCA 223

Hyder v McGrath Sales Pty Ltd [2018] NSWCA 223
Court of Appeal of New South Wales
McColl & Macfarlan JJA; Emmett AJA
Consumer law – appeal concerned whether respondent (Agent), by making
representations to appellant concerning parking availability at property, engaged
in misleading or deceptive conduct in contravention of s18 Australian Consumer
Law – Agent acted on behalf property’s seller – appellant bought property for $9.4
million – appellant contended she suffered loss due to Agent’s misleading and
deceptive conduct and that she would not have purchased property at price of $9.4
million if the representations were not made – primary judge dismissed
appellant’s claim, finding Agent had engaged misleading and deceptive conduct
but was not satisfied appellant suffered loss or damage by conduct – whether
primary judge erred in finding appellant would have proceeded with purchase – causation
– whether erroneous rejection of ‘mere conduit’ argument – whether erroneous
acceptance of respondent’s valuation evidence – whether erroneous finding of
contributory negligence – held: appeal dismissed – Agent did not engage in
misleading or deceptive conduct – Agent’s notice of contention upheld.
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