Supreme Court
New South Wales
Medium Neutral Citation: D’Cruz v Coutinho [2025] NSWSC 150 Hearing dates: 24 February 2025 Date of orders: 6 March 2025 Decision date: 06 March 2025 Jurisdiction: Equity Before: Hammerschlag CJ in Eq Decision: Judgment for the plaintiffs against each of the first, second, fourth and sixth defendants for $854,010, together with pre-judgment interest.
Catchwords: CONSUMER LAW – Australian Consumer Law (ACL) s 18 – Claim for damages against defendants who made misrepresentations to the plaintiffs which induced them to invest in worthless property investment opportunities – Sixth defendant claims that he was acting as a mere conduit in the provision of information, was a mere introducer and is protected by disclaimers in his emails – HELD – Defendants engaged in conduct which was misleading or deceptive, or likely to mislead or deceive – First defendant was a person involved in the contraventions by the second and fourth defendants – Sixth defendant was not a mere conduit or introducer and did not establish the existence of any disclaimer – Because of the conduct of the defendants the plaintiffs suffered loss
Legislation Cited: Civil Procedure Act 2005 (NSW)
Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law
Cases Cited: ACCC v Glaxo-SmithKline Consumer Healthcare Australia Pty Ltd [2019] FCA 676; (2019) 371 ALR 396
Butcher v Lachlan Elder Realty Pty Ltd (2004) 218 CLR 592; [2004] HCA 60
CH Real Estate Pty Ltd v Jainran Pty Ltd [2010] NSWCA 37; (2010) 14 BPR 27,361 [98410]
Henville v Walker (2001) 206 CLR 459; [2001] HCA 52
I & L Securities Pty Ltd v HTW Valuers (Brisbane) Pty Ltd (2002) 210 CLR 109; [2002] HCA 41
Category: Principal judgment Parties: Beryl Clotilda D’Cruz (First Plaintiff)
Jude Savio Pio Coutinho (First Defendant)
Stanislaus Gregory D’Cruz (Second Plaintiff)
Pinnacle Property Enterprises Pty Ltd t/as Avondale Property Group (Second Defendant)
Great Southern Agricultural Holdings Pty Ltd (Third Defendant)
QC Property Management Pty Ltd (Fourth Defendant)
Nigel Christian Savio Sequeira (Sixth Defendant)Representation: Counsel:
Solicitors:
A Harding SC (Plaintiffs)
Lionheart Lawyers (Plaintiffs)
Sixth Defendant (Self-represented)
File Number(s): 2023/00297771 Publication restriction: Nil
JUDGMENT
Introduction
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The plaintiffs, Mrs Beryl D’Cruz and her husband, Mr Stanislaus D’Cruz are in their early and late 70s, respectively.
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The second defendant company traded under the name Avondale Property Group (APG). APG, the third defendant, Great Southern Agricultural Holdings Pty Ltd (Great Southern) and the fourth defendant, QC Property Management Pty Ltd (QCPM) are companies associated with the first defendant, Mr Jude Savio Pio Coutinho (Coutinho – sometimes referred to by the parties as Jude), who is the sole director of the three. From 19 October 2021, Coutinho has been the sole shareholder in APG. He has, at all material times, been the sole shareholder in QCPM.
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The sixth defendant, Mr Nigel Sequeira (
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- AGLC
- D'Cruz v Coutinho [2025] NSWSC 150
- Case
- [2025] NSWSC 150
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the defendants' conduct constituted misleading or deceptive behaviour, and if so, whether they were liable for the plaintiffs' losses. The court also needed to determine the roles and responsibilities of the individual defendants in the alleged misleading conduct. The sixth defendant argued that he was merely a conduit or introducer of information and that disclaimers in his emails protected him from liability.
The court found that the defendants had engaged in conduct that was misleading or deceptive, or likely to mislead or deceive. The court held that the first defendant was involved in the contraventions committed by the second and fourth defendants. The court also determined that the sixth defendant was not a mere conduit or introducer and did not establish the existence of any disclaimer that could have shielded him from liability. The court found that the plaintiffs suffered losses as a result of the defendants' conduct. The court awarded damages to the plaintiffs and made orders against the defendants accordingly.
Orders
Orders of the court
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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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