Slinger v Southern White Pty Ltd

The appeal concerns the sale of a business known as Pied Piper Childcare Centre. The plaintiff, Slinger, is a real estate agency that was engaged to sell the defendants' childcare business and accompanying land. The defendants, Southern White Pty Ltd, were found to have engaged in misleading and deceptive conduct by omission when selling the business. The appeal challenges the orders made by the District Court Judge regarding the sale, specifically the duty to disclose certain information to the plaintiff, and the damages awarded to the plaintiff. The appeal was filed within the 14-day period but not served on the plaintiff until a few days beyond the prescribed time due to the defendants' solicitors' error. The appeal court granted an extension of time for the institution of the appeal, rejecting the defendants' challenge to the Judge’s findings regarding liability and the first head of damages awarded to the plaintiff. However, the appeal court upheld the defendants' challenge to the Judge’s award of damages under the second head, stating that it should not have been made. The court will hear the parties on the appropriate orders and costs and will make orders in relation to the referred matters.