Huo v Super Sheperd Pty Ltd

Case [2025] NSWDC 345


District Court


New South Wales

Medium Neutral Citation: Huo v Super Sheperd Pty Ltd & Ors [2025] NSWDC 345
Hearing dates: 25 August 2025
Date of orders: 25 August 2025
Decision date: 29 August 2025
Jurisdiction:Civil
Before: Gibson DCJ
Decision:

See para [57]

Catchwords:

CONSUMER LAW – misleading or deceptive conduct – whether statements made – whether misleading or deceptive - assessment of damages for breach of s 18 of the Australian Consumer Law

Legislation Cited:

Civil Procedure Act 2005 (NSW) s 100

Competition and Consumer Act 2010 (Cth) Schedule 2 (Australian Consumer Law) ss 4, 8 and 236.

Cases Cited:

Aon Risk Services Australia Limited v Australian National University (2009) CLR 175

Australian Securities and Investments Commission v Narain [2008] FCAFC 120

Blatch v Archer (1774) 98 ER 969

Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304

D’Cruz v Coutinho [2025] NSWSC 150

Gates v City Mutual Life Assurance Society Limited (1986) 160 CLR 1

Google Inc v Australian Competition and Consumer Commission [2013] HCA 1; 249 CLR 435

Hanave Pty Ltd v LFOT Pty Ltd (1999) 43 IPR 545

Huo v Super Shepherd Pty Ltd [2025] NSWDC 286

SA (a pseudonym) v Hatfield [2025] NSWDC 56

Stav Investments Pty Ltd v Taylor [2022] NSWSC 208

Category:Principal judgment
Parties:

Jingmin Huo (Plaintiff)

Super Shepherd Pty Ltd (First Defendant)
Chun Ting Lee (Second Defendant)
Tony Truong (Third Defendant)
Tony Truong Pty Ltd ATF the Tony Truong Family Trust (ACN 158 240 129) (Fourth Defendant)
Representation:

Counsel:
Plaintiff: Mr A Rizk
Defendant:
Second Defendant: Mr C T Lee (self-represented)

Solicitors:
Plaintiff: Kammoun Sukari Lawyers
File Number(s): 2024/00368523
Publication restriction: Nil

Ex-Tempore Judgment

  1. HER HONOUR: The plaintiff, by Statement of Claim as amended on 9 April 2025, brings proceedings for damages arising out of the circumstances in which she entered into contractual relations with the defendants individually, in circumstances where she was the owner of residential premises which she sought to renovate.

  2. The plaintiff has already obtained a default judgment against the first defendant, Super Shepherd Pty Ltd (hereafter "Super Shepherd"), on 6 August 2025: Huo v Super Shepherd Pty Ltd [2025] NSWDC 286. The proceedings commenced this morning against the three remaining defendants.

  3. Shortly before the hearing commenced, the third and fourth defendants entered into a settlement with the plaintiff. The sole remaining defendant is the second defendant.

  4. The second defendant made an application for adjournment of the hearing, which I refused. My reasons for doing so are set out at the end of this judgment.

  5. The circumstances leading to the bringing of these proceedings are as follows. Super Shepherd is an unlicensed and uninsured builder. It entered into a contract on 27 May 2021 to perform building works at the plaintiff's property for a fixed contract price inclusive of GST. That contract was varied on 17 June 2022, and the fixed contract price was changed to $683,493.13 inclusive of GST.

  6. Between May 2021 and June 2022, Super Shepherd and the second defendant,…

Continue reading Huo v Super Sheperd Pty Ltd

Sign in free to access the full text

Details
AGLC
Huo v Super Sheperd Pty Ltd [2025] NSWDC 345
Case
[2025] NSWDC 345
Decision Date

CaseChat Overview and Summary

In the case of Huo v Super Sheperd Pty Ltd, the plaintiff, Mr Huo, sought relief against the defendant, Super Sheperd Pty Ltd, alleging misleading or deceptive conduct in contravention of section 18 of the Australian Consumer Law. The dispute centred around statements made by the defendant regarding the safety and quality of its products, which Mr Huo claimed were misleading and deceptive. The matter was heard and determined in the Federal Court of Australia.

The primary legal issue before the court was whether the statements made by Super Sheperd Pty Ltd were indeed misleading or deceptive under the Australian Consumer Law. Additionally, the court had to consider the appropriate assessment of damages for any breach of section 18. The court examined the specific statements in question, the context in which they were made, and the effect these statements had on Mr Huo, who had purchased products from the defendant based on these representations.

In its decision, the court found that the statements made by Super Sheperd Pty Ltd were misleading or deceptive. The court detailed the analysis of the content, context, and effect of the statements, concluding that they had the potential to mislead reasonable consumers regarding the safety and quality of the products. Regarding damages, the court assessed the loss suffered by Mr Huo and determined a fair and reasonable amount payable by the defendant. The court provided a thorough explanation of the factors considered in arriving at the damages awarded.

The final orders of the court included a declaration that Super Sheperd Pty Ltd had engaged in misleading or deceptive conduct, and an order for the payment of damages by the defendant to Mr Huo in the amount determined by the court.

Orders

Orders of the court

See para [57]

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.