Roberts v Scutts

The matter between Roberts and Scutts was heard in the Supreme Court of New South Wales. The dispute arose out of a sale of a share in a corporation, where the plaintiff, Roberts, alleged that the defendant, Scutts, had engaged in misleading or deceptive conduct in breach of the Fair Trading Act 1987 (NSW) and breached an express warranty regarding the state of the corporation's accounts. The plaintiff sought damages for the alleged breaches.

The court was required to determine whether the defendant had engaged in conduct that was misleading or deceptive within the meaning of the Fair Trading Act 1987 (NSW), and whether the defendant had breached the express warranty regarding the state of the corporation's accounts. The court considered evidence and submissions from both parties on these issues.

The court found that the defendant had engaged in misleading or deceptive conduct by providing false and misleading information regarding the state of the corporation's accounts, in breach of the Fair Trading Act 1987 (NSW). The court also found that the defendant had breached the express warranty regarding the state of the corporation's accounts. The court awarded damages to the plaintiff in the amount of $100,000, representing the difference between the sale price of the share and its true value at the time of sale.

The court's final orders included an award of damages to the plaintiff in the amount of $100,000, together with interest and costs. The court also declared that the defendant had engaged in misleading or deceptive conduct in breach of the Fair Trading Act 1987 (NSW) and had breached the express warranty regarding the state of the corporation's accounts.