Bank Mv (Abrn 079 478 612)

[2004] NSWCA 396

NSW Court of Appeal

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Interrogate

Catchwords

1. Trade Practices
2. › Misleading or deceptive conduct
3. › Passing on false information
4. › Whether person who conveys false representation is mere conduit or adopts representation
5. › Whether employee acting within scope of employment may be personally liable
6. › Fair Trading Act 1987 (NSW), s 42
7. › Trade Practices Act 1974 (Cth), s 52
1. Trade Practices
2. › Misleading or deceptive conduct
3. › Reliance
4. › Whether reliance on employee's conduct established where employee was principal point of contact with banks
1. Practice and Procedure
2. › Damages
3. › Whether party estopped from raising on appeal issue not raised before trial judge
4. › Failure to object to damages assessment at trial

Quick Take

An employee who signs banking or commercial documents containing representations, and who is the principal point of contact with the counterparty, will be treated as having adopted those representations rather than acting as a mere conduit, and may be personally liable under s 42 of the Fair Trading Act 1987 (NSW) for misleading or deceptive conduct even if acting on the employer's instructions.