Orix Australia Corporation Limited v Moody Kiddell & Partners Pty Limited & Anor

The dispute in *Orix Australia Corporation Limited v Moody Kiddell & Partners Pty Limited & Anor* concerned allegations of misleading or deceptive conduct under section 52 of the *Trade Practices Act 1974* (Cth). Orix Australia Corporation Limited (Orix) brought proceedings against Moody Kiddell & Partners Pty Limited (Moody Kiddell) and another party. The case was heard in the Court of Appeal of New South Wales.

The primary legal issue before the court was whether Moody Kiddell, a finance broker, had engaged in misleading or deceptive conduct by passing on information to Orix. Specifically, the court had to determine if Moody Kiddell, in its role as an intermediary, had adopted, endorsed, or enhanced the quality of the information it conveyed, thereby making itself liable for its content. The court also considered the principles applicable when an agent passes on information obtained from third parties, particularly in the context of a disclaimer and the nature of the parties and the transaction.

The court applied the principles established in *Yorke v Lucas* and *Butcher v Lachlan Elder Realty Pty Limited*. It found that the manner in which Moody Kiddell presented the information to Orix did not suggest that Moody Kiddell was enhancing, adopting, or endorsing the information. The court concluded that Moody Kiddell had collated and assembled the information under its own letterhead, but this action did not amount to disseminating the information in a way that would render it liable for misleading or deceptive conduct. The findings of the trial judge and the evidence presented were unequivocal on this point.

The appeal was dismissed with costs.