Murray v Mydomaine Pty Ltd

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MURRAY -v- MYDOMAINE PTY LTD [2016] WADC 109



DISTRICT COURT OF WESTERN AUSTRALIACitation No:[2016] WADC 109
Case No:CIV:2874/20121 - 4, 7 - 10 DECEMBER 2015
Coram:LEVY DCJ28/07/16
PERTH
92Judgment Part:1 of 2
Result: Plaintiffs' claim allowed in part
Damages allowed
Other Parts:Pages 51 to 92
PDF Version
Parties:DANIEL MURRAY
LYNDA MURRAY
MYDOMAINE PTY LTD
SHELLEY MAE CLACK
GREGORY RAYMOND CLACK
BRADLEY RICHARD DENTON
RAELENE JOY DENTON

Catchwords:

Negligent misrepresentation
Fraudulent misrepresentation
Breach of fiduciary duty
Jurisdiction of the District Court of Western Australia
Breach of contract
Unconscionable conduct
'Similar fact' evidence
Contributory negligence
Damages
Exemplary damages

Legislation:

Civil Liability Act 2002 (WA) s 5AK
District Court of Western Australia Act 1969 s 50
Partnership Act 1895 s 7, s 8

Case References:

Ailakis v Olivero (No 2) (2014) 100ACSR 524
Banditt v The Queen [2005] HCA 80; (2005) 224 CLR 262
Barescape Pty Ltd v Bacchus Holdings Pty Ltd (No 9) [2012] NSWSC 984
Briginshaw v. Briginshaw [1938] HCA 34; (1938) 60 CLR 336
Brookfield Multiplex v Owners Corporation Strata Plan 61288 (2014) 254 CLR 185
Butcher v Lachlan Elder Realty Pty Ltd (2004) 218 CLR 592
Casinos Austria International (Christmas Island) Pty Ltd v Christmas Island Resort Pty Ltd [1998] WASC 387
Cassell & Co Ltd v Broome (No 2) [1972] AC 1136
Commercial Developments Pty Ltd (t/as Don Rogers Motors Pty Ltd) v Mercantile Mutual Insurance (Workers' Compensation) Ltd (1991) 5 WAR 208
Derry v Peek (1889) 14 App Cas 337
Dominelli Ford (Hurstville) Pty Ltd v Karmot Auto Spares Pty Ltd [1992] FCA 550; (1992) 38 FCR 471
Duke Group Ltd (in liq) v Pilmer (1999) 153 FLR 1
Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95
Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22; (2007) 230 CLR 89
Fazio v Fazio [2012] WASCA 72
Gjergja v Cooper [1987] VR 167
Gray v Motor Accident Commission (1998) 196 CLR 1
Harvela Investments Ltd v Royal Trust Co of Canada (CI) Ltd [1986] AC 207
Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41
Huntsman Chemical Co Australia Pty Ltd v International Pools Australia Pty Ltd (1995) 36 NSWLR 242
Krakowski v Eurolynx Properties Ltd (1995) 183 CLR 563
Lawless v Mackendrick [No 4] [2013] WASC 272
Magill v Magill [2006] HCA 51; (2006) 226 CLR 551
Mutual Life & Citizens Assurance Co Ltd v Evatt (1968) 122 CLR 556
Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170
Neilsen v Hempston Holdings Pty Ltd (1986) 65 ALR 302
Pappas v Soulac Pty Ltd (1983) 50 ALR 231
Phipps v Boardman [1967] 2 AC 46
San Sebastian Pty Ltd v Minister Administering Environmental Planning & Assessment Act 1979 (1986) 162 CLR 341
Shaddick v JDV Ltd [2012] WASC 120
Sternberg v The Queen (1953) 88 CLR 646
Sutton…
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Details
Case
[2016] WADC 109
Decision Date

CaseChat Overview and Summary

The case of Murray v Mydomaine Pty Ltd was heard by the District Court of Western Australia. The plaintiffs, Murray, alleged that Mydomaine Pty Ltd engaged in negligent misrepresentation, fraudulent misrepresentation, a breach of fiduciary duty, and a breach of contract. The plaintiffs also claimed that the defendants engaged in unconscionable conduct and sought to introduce 'similar fact' evidence. Additionally, the plaintiffs claimed contributory negligence and requested damages, including exemplary damages.

The court was required to determine several legal issues, including the validity of the plaintiffs' claims of negligent and fraudulent misrepresentation, the existence of a fiduciary relationship, and whether the defendants breached their fiduciary duties. The court also had to consider the jurisdiction of the District Court of Western Australia and whether the plaintiffs' claims of unconscionable conduct and 'similar fact' evidence were admissible. Furthermore, the court needed to assess whether the plaintiffs were contributory negligent and, if so, how this would affect the quantum of damages.

The court found that the plaintiffs' claims of negligent and fraudulent misrepresentation were valid, and that a fiduciary relationship existed between the parties. The court held that the defendants breached their fiduciary duties and engaged in unconscionable conduct. The court also found that the plaintiffs' claims of 'similar fact' evidence were admissible and that the defendants were liable for breach of contract. The court determined that the plaintiffs were not contributory negligent and awarded damages, including exemplary damages.

The court ordered that the plaintiffs' claim was allowed in part and that damages were to be paid to the plaintiffs. The specific amount of damages was not stated in the text.

Orders

Orders of the court

Plaintiffs' claim allowed in part

Damages allowed

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

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