JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: TRADESMAN TECHNOLOGIES PTY LTD -v- AMEDURI [No 2] [2013] WASCA 252
CORAM: MARTIN CJ
PULLIN JA
MURPHY JA
HEARD: 5 AUGUST 2013
DELIVERED : 29 OCTOBER 2013
FILE NO/S: CACV 64 of 2012
BETWEEN: TRADESMAN TECHNOLOGIES PTY LTD
Appellant
AND
JOHN AMEDURI
Respondent
FILE NO/S :CACV 65 of 2012
BETWEEN :SERGIO COTELLESSA
Appellant
AND
JOHN AMEDURI
First RespondentKAREN AMEDURI
Second Respondent
ON APPEAL FROM:
For File No : CACV 64 of 2012
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram :STONE DCJ
Citation :TRADESMAN TECHNOLOGIES PTY LTD -v- AMEDURI [No 2] [2012] WADC 85
File No :CIV 294 of 2011
For File No : CACV 65 of 2012
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram :STONE DCJ
Citation :AMEDURI -v- COTELLESSA [2012] WADC 86
File No :CIV 3751 of 2009
Catchwords:
Appeal - Contract - Whether loan agreement conditional - Turns on own facts
Appeal - Form of grounds of appeal pursuant to Supreme Court (Court of Appeal) Rules 2005 (WA), r 32(4)
Appeal - Principles governing an appeal challenging a finding of fact following the resolution of disputed testimony
Appeal - Whether misrepresentations made - Whether misrepresentations relied upon - Whether loss suffered - Turns on own facts
Legislation:
Fair Trading Act 1987 (WA), s 10, s 77, s 79
Supreme Court (Court of Appeal) Rules 2005 (WA), r 32(4)
Trade Practices Act 1974 (Cth), s 52, s 82, s 87
Result:
Appeals dismissed
Category: A
Representation:
CACV 64 of 2012
Counsel:
Appellant: Mr P J Hannan
Respondent: Mr N D C Dillon
Solicitors:
Appellant: De Vita & Dixon Lawyers
Respondent: Andrew Foster (Barrister & Solicitor)
CACV 65 of 2012
Counsel:
Appellant: Mr P J Hannan
First Respondent : Mr N D C Dillon
Second Respondent : Mr N D C Dillon
Solicitors:
Appellant: De Vita & Dixon Lawyers
First Respondent : Andrew Foster (Barrister & Solicitor)
Second Respondent : Andrew Foster (Barrister & Solicitor)
Case(s) referred to in judgment(s):
Ameduri v Cotellessa [2012] WADC 86
Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321
Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139
CSR Ltd v Della Maddalena [2006] HCA 1; (2006) 224 ALR 1
Cush v Dylan [2011] HCA 30; (2011) 243 CLR 298
Fox v Percy [2003] HCA 22; (2003) 214 CLR 118
Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; (2010) 241 CLR 390
State Rail Authority (NSW) v Earthline Constructions Pty Ltd (in liq) [1999] HCA 3; (1999) 160 ALR 588
Tradesman Technologies Pty Ltd v Ameduri [No 2] [2012] WADC 85
REASONS OF THE COURT: This is an appeal against two judgments of a District Court judge in two actions which were tried at the one hearing. One judgment was entered in…
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- Case
- [2013] WASCA 252
- Decision Date
CaseChat Overview and Summary
The legal issues before the court on appeal included whether the loan agreement was conditional and hinged on the plaintiff's own facts, as well as the principles governing an appeal challenging findings of fact following the resolution of disputed testimony. The court was also required to determine whether any misrepresentations were made by the defendant, whether these misrepresentations were relied upon by the plaintiff, and whether the plaintiff suffered any loss as a result of the alleged misrepresentations. The appeal hinged on the interpretation and application of the relevant legal principles and the evidence presented in the case.
In its reasoning, the court examined the evidence presented and the findings made by the primary judge. It considered the nature of the loan agreement and whether it was conditional, as well as the credibility of the parties' testimonies. The court found that the primary judge's findings were supported by the evidence and that the appeal did not succeed in establishing that the primary judge had erred in fact. The court also determined that the appeal did not demonstrate a clear error of law or a miscarriage of justice, and therefore, the appeal was dismissed. The court held that the primary judge's findings on the existence of the loan agreement's conditions, the reliance on any misrepresentations made, and the extent of any loss suffered by the plaintiff were correct.
The final orders of the court were that the appeal be dismissed, with each party to bear their own costs of the appeal. The court confirmed the findings of the primary judge and upheld the decision in favour of the defendant.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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