Boase v Sullivan Commercial Pty Ltd trading as McGees Property (No 2)

Boase v Sullivan Commercial Pty Ltd trading as McGees Property (No 2) involved applicants who sought summary judgment against the respondents for misleading and deceptive conduct under the Trade Practices Act 1974 (Cth). The applicants alleged that McGees' valuation report was misleading and deceptive and was negligent, as it contained an inaccurate timeline for the issuance of individual titles on the subject property. The applicants argued that this was a significant misrepresentation which they relied upon, and that the respondents were estopped from relying on disclaimers in the final valuation report.

The court considered several legal issues, including whether there was a real question of law or fact to be determined at trial, and whether there was no reasonable prospect of successfully defending the proceedings. The court noted that the respondents had raised valid points which required careful consideration, including questions about the capacity of Frasers to provide a refund, the lack of evidence of loss, and the issue of proportionate liability under the Trade Practices Act 1974 (Cth) and the Civil Liability Act 2002 (WA). The court held that the applicants' motion for summary judgment would be dismissed with costs, as the respondents had raised a number of valid points which required further investigation.

The court emphasised the need for caution in the summary disposal of proceedings and suggested that the applicants seek professional legal advice and consider mediation. The court also noted that it may be worthwhile for the applicants to seek the benefit of professional legal advice in relation to both their claim and the contentions raised by the respondents. The court dismissed the applicants' application for summary judgment and ordered that the applicants pay the respondents' costs, to be taxed if not agreed.