Western Export Services Inc v Jireh International Pty Limited

[2010] NSWSC 622

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Trade Practices
2. › MISLEADING AND DECEPTIVE CONDUCT
3. › Trade Practices Act 1974 (Cth) s 52
4. › whether the plaintiff engaged in conduct which was misleading or deceptive, or likely to mislead or deceive by inducing the defendant to believe that the contract was to be non-binding until further agreement on commissions had taken place
1. Equity
2. › ESTOPPEL
3. › general principles
4. › whether the plaintiff held out and the defendant relied upon the assumption that the agreement was to be non-binding until further agreement on commissions had taken place
5. › FIDUCIARY DUTY
6. › whether the plaintiff was acting as legal advisor to the defendant and thus owed a fiduciary duty to act in the defendant’s best interests
7. › whether the plaintiff breached this duty by failing to disclose that the agreement between them was legally binding

Citation[2010] NSWSC 622

CourtNSWSC

JurisdictionNew South Wales

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