Jebeli v Modir and Golyaei

The dispute in *Jebeli v Modir and Golyaei* concerned representations made by a mortgage broker to a purchaser regarding the price of a unit. The purchaser alleged that the broker represented the price as an "off the plan" price, which they relied upon to their detriment. The case came before the Court of Appeal of New South Wales.

The central legal issues before the court were whether the broker's representations constituted misleading or deceptive conduct in trade or commerce under the Fair Trading Act 1987, and whether the purchaser reasonably relied on these representations and suffered damage as a consequence. Additionally, the court considered whether the broker's conduct breached a duty of care owed to the purchaser, and whether certain fresh evidence, including evidence of an attempt to suborn a witness and illegally obtained recordings, should have been admitted on appeal.

The Court of Appeal examined the nature of the representations made and the context in which they were given to determine if they were made in trade or commerce. It also assessed the reasonableness of the purchaser's reliance on the broker's statements, considering the circumstances and the information available to the purchaser. The court applied principles relating to negligent misrepresentation and the measure of damages for misleading conduct that induces a contract. Furthermore, the court considered the criteria for admitting fresh evidence on appeal, particularly the high probability of a different outcome and whether the evidence indicated a party had a weak case.

The appeal was dismissed, and the parties were ordered to pay costs.