Leda Commercial Properties Pty Ltd v Brenda Hungerford Pty Ltd

Leda Commercial Properties Pty Ltd appealed to the Court of Appeal of New South Wales against a primary judgment and a costs order made by a single judge. Brenda Hungerford Pty Ltd also cross-appealed against the primary judgment and the costs order. The dispute concerned allegations of misleading and deceptive conduct in relation to a commercial property transaction.

The Court of Appeal was required to determine several issues. These included whether the primary judge had awarded relief that was not supported by the pleadings, whether the finding of misleading and deceptive conduct was erroneous, specifically concerning non-disclosure and reliance, and whether the assessment of loss and damage and the award of costs were incorrect.

The Court of Appeal considered the scope of the pleadings and the evidence presented at trial. It examined whether the primary judge's findings regarding non-disclosure, reliance, and the assessment of damages were justified in law and fact. The court applied principles of contract law, Australian Consumer Law, and principles relating to the assessment of damages and costs.

The Court of Appeal made orders in relation to the appeal and cross-appeal, the specifics of which are detailed in paragraph [126] of the judgment.