Thillagaratnam v Doan

Sarah Thillagaratnam brought a claim against Henry Doan and Thi Van Anh Nguyen seeking recission of a contract of sale of property and damages for breach of contract, fraudulent misrepresentation and misleading or deceptive conduct. The claim arose from the disruptive conduct of Laurence Pratt, the neighbour who lived in the first floor unit immediately above the unit purchased by Ms Thillagaratnam. The trial lasted for five days. The court found that Mr Pratt engaged in antisocial behaviour during the time that Mr Doan and Ms Nguyen were resident in the unit and that Mr Doan and Ms Nguyen failed to inform Ms Thillagaratnam of Mr Pratt's behaviour. The court found that the failure to disclose Mr Pratt's conduct constituted a breach of contract and a fraudulent misrepresentation. The court found that the defendants' conduct did not constitute misleading or deceptive conduct. The court granted Ms Thillagaratnam recission of the contract and damages.