CAREY -v- COMMISSIONER FOR CONSUMER PROTECTION [2013] WASCA 195
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2013] WASCA 195 | |
| THE COURT OF APPEAL (WA) | |||
| Case No: | CACR:14/2012 | 9 APRIL 2013 | |
| Coram: | MARTIN CJ PULLIN JA NEWNES JA | 28/08/13 | |
| 32 | Judgment Part: | 1 of 1 | |
| Result: | Appeal dismissed Notice of contention dismissed | ||
| B | |||
| PDF Version |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : CAREY -v- COMMISSIONER FOR CONSUMER PROTECTION [2013] WASCA 195 CORAM : MARTIN CJ
- PULLIN JA
NEWNES JA
- Appellant
AND
COMMISSIONER FOR CONSUMER PROTECTION
Respondent
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram : MURRAY J
Citation : CAREY -v- COMMISSIONER FOR CONSUMER PROTECTION [2012] WASC 8
File No : SJA 1024 of 2011
Catchwords:
False or misleading representations - Director - Real estate agent - Whether director could have avoided commission of offence by exercise of reasonable diligence - Standard of 'reasonable diligence' under s 81 of the Fair Trading Act 1987 (WA)
Legislation:
Fair Trading Act 1987 (WA), s 12(2)(b), s 12, s 81, s 82
Trade Practices Act 1974 (Cth), s 85
Result:
Appeal dismissed
Notice of contention dismissed
Category: B
Representation:
Counsel:
Appellant : Mr M M Mony De Kerloy
Respondent : Mr W B Zichy-Woinarsky QC & Mr M G S Crowley
Solicitors:
Appellant : Mony de Kerloy Barristers and Solicitors
Respondent : Department of Commerce
Case(s) referred to in judgment(s):
Adams v ETA Foods Ltd (1987) 19 FCR 93
Baiada Poultry Pty Ltd v The Queen [2012] HCA 14; (2012) 246 CLR 92
Ballard v Sperry Rand Australia Ltd (1975) 6 ALR 696
Brown v Riverstone…
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- Case
- [2013] WASCA 195
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the director could be held liable for the false or misleading representations made by the real estate agent, and if so, what level of care and attention was required to avoid such liability. The court examined the relevant statutory provisions and considered the appropriate standard of diligence that should be applied to a director in this context.
In reaching its decision, the court held that the director could have avoided committing the offence by exercising reasonable diligence. The court found that the standard of'reasonable diligence' required under s 81 of the Act was not a stringent one, but rather a reasonable standard of care and attention. The court emphasised that the director's role and responsibilities should be taken into account when determining the appropriate standard of diligence.
The appeal was dismissed, and the notice of contention was also dismissed. The decision confirmed that directors of companies can be held liable for false or misleading representations made by their agents, but only if they fail to exercise a reasonable standard of diligence in monitoring and managing their business activities.
Orders
Orders of the court
Appeal dismissed
Notice of contention dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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