Pascali v Carr

[2019] NSWCA 151

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Tort
2. › Deceit
3. › Implied representations
4. › Representations implied from conduct in contractual context
5. › Provision of certificates in purported fulfilment of contractual condition
6. › Whether provision of HWI certificates implied representation of compliance with special condition
7. › Whether purchaser relied on implied representation
1. Tort
2. › Deceit
3. › Implied representations
4. › Standard of proof
5. › Whether representation sufficiently clear to be implied for purposes of action in deceit
6. › Seriousness of allegation requiring considerable assurance
7. › Evidence Act 1995 (NSW), s 140
1. Contract
2. › Sale of land
3. › Special conditions
4. › Condition requiring evidence of home warranty insurance and council compliance
5. › Construction of special condition as containing both conditional and promissory elements
1. Evidence
2. › Standard of proof
3. › Civil proceedings
4. › Fraud allegations
5. › Briginshaw standard applied to deceit claims
6. › Evidence Act 1995 (NSW), s 140

Quick Take

The provision of certificates in purported fulfilment of a contractual special condition carries an implied representation that the certificates are capable of satisfying the condition, but where the connection between the certificate and the contractual requirement is indirect, the implication may not be sufficiently clear to sustain a deceit claim given the heightened standard of proof.