Qushair v Raffoul

The appeal in *Qushair v Raffoul* concerned a dispute between the parties regarding alleged representations made by the appellant to the respondent. The primary judge had made findings that the representations were not made, or if made, did not constitute misleading or deceptive conduct. The appeal was heard by Campbell JA, Bergin CJ in Eq, and Sackville AJA.

The central legal issues before the appellate court were whether the primary judge had provided adequate reasons for concluding that the alleged representations were not made and, alternatively, that if made, they did not amount to misleading or deceptive conduct. A further issue was whether, in light of any deficiencies in the primary judge's reasons, a retrial of the matter should be ordered.

The appellate court found that the primary judge's reasons were insufficient to justify the conclusions reached. Consequently, the appeal was allowed, and the orders of the primary judge were set aside. The court directed that the matter be remitted to the District Court for a new trial of both the respondent's claim and the appellant's cross-claim. The respondent was ordered to pay the appellant's costs of the appeal, with the costs of the trial to be determined by the District Court.