Krimbogiannis v Fallshaw (Investments) Pty Ltd

Krimbogiannis v Fallshaw (Investments) Pty Ltd involved a dispute between the Krimbogiannis family and Fallshaw (Investments) Pty Ltd over alleged misleading and deceptive conduct. The matter was heard in the Civil and Administrative Tribunal of Western Australia. The Krimbogiannis family alleged that Fallshaw (Investments) Pty Ltd, the owner of the property they leased, failed to disclose material facts about the property's condition, which amounted to misleading and deceptive conduct. The Tribunal was tasked with determining whether Fallshaw (Investments) Pty Ltd had indeed engaged in misleading and deceptive conduct by not disclosing the material facts and, if so, what the appropriate remedy would be.

The primary legal issue before the Tribunal was whether the silence of Fallshaw (Investments) Pty Ltd regarding the property's condition constituted misleading and deceptive conduct under the Australian Consumer Law, which is incorporated in the Retail Leases Act 1994. The Tribunal needed to assess the circumstances under which a landlord's silence could be considered misleading or deceptive. The Tribunal considered the nature of the relationship between the landlord and the tenant, the expectations of both parties, and the duty of disclosure in the context of property leasing. Ultimately, the Tribunal found that Fallshaw (Investments) Pty Ltd had misled the Krimbogiannis family by not disclosing critical information about the property's condition.

The Tribunal concluded that Fallshaw (Investments) Pty Ltd's failure to disclose the material facts about the property constituted misleading and deceptive conduct. The Tribunal ordered that the claim be allowed to proceed in the Tribunal under section 71B of the Retail Leases Act 1994. Furthermore, Fallshaw (Investments) Pty Ltd was directed to pay the Krimbogiannis family the sum of $133,685.32 immediately, as well as any costs required to be paid to The Owners - Strata Plan 21702. The Tribunal also dismissed the claim in COM 14/45236. The orders included detailed provisions for any future applications for costs, ensuring a structured process for both parties to follow.