Curragh Coal Sales Co Pty Ltd v Wilcox

Curragh Coal Sales Co Pty Ltd v Wilcox was a case that involved a dispute over the sale of an apartment off the plan, where Curragh Coal Sales Co Pty Ltd, the sellers, were sued by the purchasers, Wilcox. The purchasers alleged that the sellers made representations during the sale that became contractual promises, and that the sellers later failed to disclose variations or alterations to the subject unit, which amounted to misleading or deceptive conduct. The purchasers sought rescission of the contract or damages.

The legal issues before the court included whether the representations made by the sellers during the sale of the unit became contractual promises, and whether the sellers' non-disclosure of variations or alterations to the unit amounted to misleading or deceptive conduct. The court also had to consider the effect of the purchasers' election to affirm the contract on any right to rescind for misleading conduct.

The court found that the representations made by the sellers during the sale did not become contractual promises, and that the purchasers' election to affirm the contract precluded any right to rescind for misleading conduct. The court further found that the sellers' non-disclosure of variations or alterations to the unit did not amount to misleading or deceptive conduct. As a result, the court dismissed the purchasers' claim and entered judgment in favour of the sellers for the amount of $81,770.00, together with costs. The court also ordered that the purchasers pay the sellers' costs of the claim and cross-claim, to be taxed.