Jewelsnloo Pty Ltd v Sengos (No 2)

[2016] NSWSC 61

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Trade and Commerce
2. › contract to purchase business
3. › vendors made misrepresentation to the plaintiff concerning the turnover of the business
4. › whether plaintiff relied upon the representation in entering into the contract to purchase the business
5. › held plaintiff did not rely upon misrepresentation
1. Intellectual Property
2. › passing off
3. › whether business had necessary goodwill or commercial reputation
4. › goodwill or commercial reputation established
5. › whether ordinary customers would be deceived by conduct of relevant defendants
6. › conduct of relevant defendants found to be passing off
1. Damages
2. › passing off
3. › Exemplary, punitive and aggravated damages
4. › plaintiff claimed damages instead of an account of profits
5. › plaintiff did not prove it suffered any loss caused by the passing off
6. › plaintiff not entitled to compensatory damages
7. › plaintiff claimed exemplary damages for tort of passing off
8. › applicable principles considered
9. › plaintiff not entitled to exemplary damages