Grainger v Williams

Case [2009] WASCA 60


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT :   THE COURT OF APPEAL (WA)

CITATION:   GRAINGER -v- WILLIAMS [2009] WASCA 60

CORAM:   MARTIN CJ

WHEELER JA
McLURE JA

HEARD:   21 JULY 2008

DELIVERED          :   12 MARCH 2009

FILE NO/S:   CACV 16 of 2006

BETWEEN:   GEOFFREY OSMOND GRAINGER

JOAN HARRINGTON GRAINGER
Appellants

AND

RUTH EILEEN WILLIAMS
GALE CURTIS WILLIAMS
MARK CURTIS WILLIAMS
First Respondents

WESFARMERS DALGETY REAL ESTATE (WA) PTY LTD (ACN 090 238 993)
Second Respondent

ON APPEAL FROM:

For File No              :  CACV 16 of 2006

Jurisdiction              :  SUPREME COURT OF WESTERN AUSTRALIA

Coram  :SIMMONDS J

Citation  :WESFARMERS DALGETY LTD & ORS -v- WILLIAMS & ANOR [2005] WASC 287

File No  :CIV 2156 of 2000

Catchwords:

Misleading and deceptive conduct - Contract for sale and lease of farming land - Whether multiple statements about an issue form a single representation  - Representations about clearing approvals may be misleading and deceptive where statutory authority retains discretion to prevent lawful clearing - Trial judge addressed different representation to that which was pleaded - Whether a statement is one of opinion or fact

Damages (1) - Principles of damages relating to misleading and deceptive conduct - Onus of proving that the misleading and deceptive representation caused or materially contributed to the damage - Whether damages should be awarded for losses incurred in farming both the area originally farmed by the first respondents and the area which they farmed due to the misleading and deceptive conduct - Impact of the farms being operated as a 'single enterprise' - Evidentiary onus to disaggregate losses - Lack of evidence on quantum of loss attributable to misleading and deceptive conduct

Damages (2) - Principles of damages relating to misleading and deceptive conduct - Causation - Mitigation - Remoteness - Illegality - Whether damages should be awarded for loss suffered after lease terminated - Effect of advice from solicitors - Reliance on erroneous legal advice - Knowledge of true position

Damages (3) - Legal costs incurred in connection with litigation

Damages (4) - Quantum of damages - Turns on its own facts

Evidence - Principles relating to the admission of expert opinion evidence 

Legislation:

Evidence Act 1906 (WA), s 79B
Fair Trading Act 1987 (WA), s 77
Soil and Conservation Act 1945 (WA), s 4, s 32(1)(b), s 32(1)(e), s 34A
Soil and Conservation Regulations 1984 (WA), reg 4
Soil and Conservation Regulations 1992 (WA), reg 4(1)
Trade Practices Act 1974 (Cth), s 82, s 87

Result:

Appeal allowed in part

Category:    B

Representation:

Counsel:

Appellants:     Mr M J McCusker QC & Mr M G Clay

First Respondents         :     Mr P Mendelow

Second Respondent      :     Mr A Metaxas

Solicitors:

Appellants:     Mark Clay

First Respondents         :     Blatchfords Lawyers

Second Respondent      :     Metaxas & Hager

Case(s) referred to in judgment(s):

Attorney‑General (NSW) v Peters [1924] HCA 31; (1924) 34 CLR 146

Burns v MAN Automotive (Aust) Pty Ltd (1986) 161 CLR 653

Butcher v Lachlan Elder Realty Pty Ltd [2004] HCA 60;

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Grainger v Williams [2009] WASCA 60
Case
[2009] WASCA 60
Decision Date

CaseChat Overview and Summary

The case of Grainger v Williams involved a dispute between the plaintiff, a landowner, and the defendants, who were the previous lessees of a farming property. The plaintiff sought damages for misleading and deceptive conduct related to statements made by the defendants regarding the approval of land clearing. The case was heard in the Supreme Court of Victoria. The defendants had argued that the representations they made were opinions, not facts, and thus could not be misleading. They also claimed that the plaintiff had not suffered any loss as a result of the representations.

The court had to decide whether the representations made by the defendants amounted to misleading and deceptive conduct under the Australian Consumer Law. The court also had to determine whether the plaintiff could claim damages for losses incurred in farming both the original area and the additional area as a result of the misleading and deceptive conduct. Furthermore, the court had to consider the principles of causation, mitigation, and remoteness in relation to the damages claimed.

The court found that the representations made by the defendants were misleading and deceptive because they did not accurately convey the risk that the statutory authority could prevent lawful land clearing. The court also found that the plaintiff could claim damages for losses incurred in farming both the original area and the additional area, as the farms were operated as a single enterprise. However, the court found that the plaintiff had not provided sufficient evidence to quantify the loss attributable to the misleading and deceptive conduct. The court also found that the plaintiff could not claim damages for losses suffered after the lease terminated, as they had relied on erroneous legal advice.

The court held that the appeal was allowed in part, and that the plaintiff was entitled to recover damages for the losses incurred in farming both the original and additional areas. However, the court found that the plaintiff had not provided sufficient evidence to quantify the loss attributable to the misleading and deceptive conduct. The court also held that the plaintiff could not claim damages for losses suffered after the lease terminated, as they had relied on erroneous legal advice. The court further found that the plaintiff was entitled to recover legal costs incurred in connection with the litigation. The quantum of damages was to be determined in further proceedings.

Orders

Orders of the court

Appeal allowed in part

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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