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Peachbulk Pty Ltd v R T Edgar Pty Ltd

Peachbulk Pty Ltd v R T Edgar Pty Ltd

Case [2011] VCC 1370

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AGLC: Peachbulk Pty Ltd v R T Edgar Pty Ltd [2011] VCC 1370
Case: [2011] VCC 1370
Decision Date: 20 October 2011 (Revised 9 November 2011)

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Citations

Peachbulk Pty Ltd v R T Edgar Pty Ltd [2011] VCC 1370

Most Recent Citation

Peachbulk Pty Ltd v R T Edgar Pty Ltd (No 2) [2011] VCC 1465

Cases Citing This Decision

Pentridge Village Pty Ltd (in liq) v Capital Finance Australia Ltd (No 2) [2020] VSC 284
Citation 1 (Para 1)

…ial Planning Pty Ltd ( Dartberg ).[74] [71]This is not to ignore the decision of the County Court in Peachbulk Pty Ltd v RT Edgar Pty Ltd [2011] VCC 1370 [355] (Judge Ginnane, as his Honour then was). [72]And its equivalent provisions in other States. [73][2013] NSWCA 58, [22]–[23]. See also Cassegrain v Cassegrai…
Peachbulk Pty Ltd v R T Edgar Pty Ltd (No 2) [2011] VCC 1465
Citation 2

…1 These reasons need to be read in conjunction with the principal reasons delivered on 20 October 2011.[1] [1] [2011] VCC 1370 2 I heard extensive submissions about costs on 9 November 2011. A number of issues need to be determined.…

Cases Cited

Statutory Material Cited

Kheirs Financial Services Pty Ltd v Aussie Home Loans Pty Ltd [2010] VSCA 355
Citation 1

…alia Ltd [2009] VSC 82; however an appeal from that judgment was allowed: see Kheirs Financial Services Pty Ltd v Aussie Home Loans Pty Ltd [2010] VSCA 355; and see also St George Bank Limited v Quinerts Pty Ltd [2009] VSCA 245 397 I have found that the vendors were not liable for the statutory claims under the Tr…
St George Bank Ltd v Quinerts Pty Ltd [2009] VSCA 245
Citation 2

…: see Kheirs Financial Services Pty Ltd v Aussie Home Loans Pty Ltd [2010] VSCA 355; and see also St George Bank Limited v Quinerts Pty Ltd [2009] VSCA 245 397 I have found that the vendors were not liable for the statutory claims under the Trade Practices Act and Fair Trading Act. 398 The vendors did not claim ap…
Warwick Entertainment Centre Pty Ltd v Alpine Holdings Pty Ltd [2005] WASCA 174
Citation 3 (Para 66)

…llins Marrickville Pty Ltd (No 2). [165] [164] [2004] NSWCA 241 at [50]-[51]; see also Warwick Entertainment Centre Pty Ltd v Alpine Holdings Pty Ltd [2005] WASCA 174 at [66] [165] (1989) 89 ALR 539 383 On occasion questions argued as mitigation issues are more appropriately considered as reliance or causation issu…
HTW Valuers (Central QLD) Pty Ltd v Astonland Pty Ltd [2004] HCA 54
Citation 4 (Para 62)

…law.[143] [141] ( supra ) at 143 [142] (1998) 196 CLR 494 at 512 [143] HTW Valuers (Central Qld) Pty Ltd v Astonland Pty Ltd ( 2004) 217 CLR 640 at [62] 341 In deceit, the measure of damages is usually described as the difference between the real value of the property at the time of the purchase and the price…
Brothers v Park [2004] NSWCA 241
Citation 5 (Para 50)

…is no longer by the contravention of s.52: see Brothers v Park [164] and Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (No 2). [165] [164] [2004] NSWCA 241 at [50]-[51]; see also Warwick Entertainment Centre Pty Ltd v Alpine Holdings Pty Ltd [2005] WASCA 174 at [66] [165] (1989) 89 ALR 539 383 On occasio…
Arktos Pty Ltd v Idyllic Nominees Pty Ltd [2003] FCA 329
Citation 6

…the conduct of the victim was such as to destroy the causal connection between contravention and loss and damage: see Henville v Walker .[139] [139] (2001) 206 CLR 459 332 The defence of contributory negligence and the allocation of proportionate liability are not available under the Trade Practices Act if Mr Herman…
Henville v Walker [2001] HCA 52
Citation 7

…after their purchase, do not exist in the present case . [140] [1997] AC 254 – the approach adopted by that decision was accepted in Henville v Walker (2001) 206 CLR 459 as a possible approach to the award of damages in an action in deceit. 340 Under s.82(1) of the Trade Practices Act , the usual measure of damages is the…
Batten v Container Terminal Management Services Limited [2001] FCA 374
Citation 8

…e scope of recovery and is not to be kept within bounds created by comparisons with the common law.[143] [141] ( supra ) at 143 [142] (1998) 196 CLR 494 at 512 [143] HTW Valuers (Central Qld) Pty Ltd v Astonland Pty Ltd ( 2004) 217 CLR 640 at [62] 341 In deceit, the measure of damages is usually described as the diff…
Gould v Vaggelas [1985] HCA 75
Citation 9

…tween the real value of the property at the time of the purchase and the price the plaintiff paid for it.[144] [144] Gould v Vaggelas (1985) 157 CLR 215 342 In Potts v Miller, Dixon J stated that in action for deceit, the proper measure of damages is the expenditure incurred by the plaintiff less any corresponding ad…
Sargent v ASL Developments Ltd [1974] HCA 40
Citation 10

…R T Edgar Toorak. On the Monday, R T Edgar Toorak made an offer of rescission which was not unfettered and the Mosses rejected it. [168] T 1672 [169] (1974) 131 CLR 634 386 The defendants have not established that Peachbulk was under an obligation to accept the offer to tear up the contract. Peachbulk was entitled to…
Alati v Kruger [1955] HCA 64
Citation 11

…entation, to affirm the contract and sue for damages: see Alati v Kruger .[162] Such a decision cannot itself be a failure to mitigate damages. [162] (1955) 94 CLR 216 at 222 376 An election to affirm a contract which has been induced by misleading conduct does not disentitle an applicant from relief.[163] [163] See…
Toteff v Antonas [1952] HCA 16
Citation 12

…ence between the real value of the property, and the sum which the plaintiff was induced to give for it’.” [149] (authorities omitted). [149] (1952) 87 CLR 647at 650…
Flemington Properties Pty Ltd v Raine & Horne Commercial Pty Ltd [1998] FCA 592
Citation 13

…ies Ltd v Citibank NA ( supra ) and Flemington Properties Pty Ltd v Raine & Horne Commercial Pty Ltd [1997] FCA 788 and on appeal [1998] FCA 592 347 The agents submitted that the Potts v Miller approach had no application because it could not be concluded that the property would have been purchased in any event.…
Flemington Properties Pty Ltd v Raine & Horne Commercial Pty Ltd [1997] FCA 788
Citation 14

…ed on Smith New Court Securities Ltd v Citibank NA ( supra ) and Flemington Properties Pty Ltd v Raine & Horne Commercial Pty Ltd [1997] FCA 788 and on appeal [1998] FCA 592 347 The agents submitted that the Potts v Miller approach had no application because it could not be concluded that the property would have…
Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd [1988] FCA 40
Citation 15

…sers in the marketplace if the contract was rescinded and the property again offered for sale. [154] See Finucane v New South Wales Egg Corporation (1988) 80 ALR 486 at 519 [155] see TN Lucas Pty Ltd v Centrepoint Freeholds Pty Ltd (1984) 52 ALR 467; on appeal (1985) 60 ALR 187 366 Alternatively, Peachbulk could hav…
Tiplady v Gold Coast Carlton Pty Ltd [1984] FCA 152
Citation 16

…ch has been induced by misleading conduct does not disentitle an applicant from relief.[163] [163] See generally Tiplady v Gold Coast Carlton Pty Ltd (1984) 54 ALR 337, 374-375 and on appeal (1984) 8 FCR 438 377 The next step is to determine whether that position is altered once the wrongdoer offers, or in this case…
Solak v Bank of Western Australia Ltd [2009] VSC 82
Citation 17

…ribution to the ultimate loss is insignificant in [the] case” was 0 per cent.[170] [170] Citing Tarik Solak v Bank of Western Australia Ltd [2009] VSC 82; however an appeal from that judgment was allowed: see Kheirs Financial Services Pty Ltd v Aussie Home Loans Pty Ltd [2010] VSCA 355; and see also St George Ba…

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