Kalokerinos v Burnett

In *Kalokerinos v Burnett* [1996] NSWCA 288, the New South Wales Court of Appeal considered a dispute between the appellant, Kalokerinos, and the respondent, Burnett. The case concerned an appeal against a judgment of the Supreme Court of New South Wales.

The primary legal issues before the Court of Appeal were whether the primary judge had erred in finding that the respondent had established a claim for deceit against the appellant, and consequently, whether the primary judge had erred in awarding damages to the respondent based on that finding.

The Court of Appeal analysed the elements of deceit, which require proof of a false representation, knowledge by the representor that the representation was false or reckless disregard as to its truth, intention that the representation be acted upon, and actual reliance on the representation by the representee, causing damage. The Court reviewed the evidence presented at trial and concluded that the primary judge had correctly applied these principles and had not made any errors in her findings of fact or law.

The appeal was dismissed, and the orders of the Supreme Court were affirmed.