Girgis v Poliwka [No 6]

Girgis v Poliwka [No 6] involved a legal dispute between the plaintiffs, Girgis, and the defendants, Poliwka. The plaintiffs alleged that the defendants engaged in misleading or deceptive conduct in the course of an adviser-advisee relationship. The case covered several legal issues including whether the defendants' conduct amounted to misleading or deceptive conduct under the Trade Practices Act, whether the conduct of the first defendant was on behalf of the second and third defendants, whether the first defendant owed a duty of care to the plaintiffs, and whether the defendants breached a written agency agreement and implied terms in a shareholder agreement. The court also considered whether the defendants were carrying on a business of providing financial services in contravention of the Corporations Act and the assessment of damages.

The court addressed these issues by examining the evidence and applying relevant legal principles. It considered whether the plaintiffs had proven the alleged oral representations, whether the defendants conducted adequate due diligence, and whether the first defendant's conduct was on behalf of the second and third defendants. The court also assessed whether the first defendant owed a duty of care to the plaintiffs, whether the defendants breached their contractual obligations, and whether the plaintiffs were contributorily negligent. The court examined the statutory and common law principles relevant to each issue, including the statutory purpose of section 280(2) of the Supreme Court Act 1935 (WA) concerning special costs orders.

The court found that the plaintiffs' claim was allowed in part and the defendants' counterclaim was also allowed in part. The specific findings and orders made by the court were detailed in the judgment, addressing each of the legal issues raised by the parties.

The final orders of the court were that the plaintiffs' claim was allowed in part and the defendants' counterclaim was allowed in part, reflecting the court's findings on the various legal issues presented.