Driver Recruitment Pty Ltd (trading as Authorised Solutions) v Wedeco AVP Pty Ltd

The appeal concerned a dispute between Driver Recruitment Pty Ltd (trading as Authorised Solutions) and Wedeco AVP Pty Ltd. Driver Recruitment had provided a candidate to Wedeco, and Wedeco alleged that Driver Recruitment had falsely represented that it had performed necessary background and employment checks on the candidate. The matter proceeded to appeal before the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the trial judge had erred in concluding that Driver Recruitment had made a false representation regarding the candidate's checks, and whether the trial judge had made an error in assessing the loss suffered by Wedeco as a consequence.

The Court of Appeal found no error in the trial judge's conclusions. It reasoned that the evidence supported the finding that Driver Recruitment had represented that it had conducted the required checks, when in fact it had not. Regarding the assessment of loss, the Court held that even if the precise quantum of loss was difficult to ascertain, the trial judge was entitled to make a broad estimation of that loss based on the available evidence.

Consequently, the appeal was dismissed, and Driver Recruitment was ordered to pay Wedeco's costs.