Nadinic v Cheryl Drinkwater as trustee for the Cheryl Drinkwater Trust

[2020] NSWCA 2

NSW Court of Appeal

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Interrogate

Catchwords

1. Consumer Law
2. › Misleading or deceptive conduct
3. › Silence and non-disclosure
4. › Commercial negotiations between parties in dispute
5. › Whether failure to correct known misapprehension constituted misleading or deceptive conduct
6. › Whether reasonable expectation of disclosure existed where parties were in dispute and represented by legal advisers
7. › Competition and Consumer Act 2010 (Cth), Sch 2, s 18
1. Taxes and Duties
2. › Goods and services tax
3. › Input tax credits
4. › Entitlement to refunds
5. › Whether credits available by way of set-off or cash refund
6. › Whether mischaracterisation of mechanism for realising benefit affected finding of deceptive conduct
7. › A New Tax System (Goods and Services Tax) Act 1999 (Cth), ss 7.1, 11.5, 17.5, 29.10, 31.5
1. Practice and Procedure
2. › Remedies
3. › Variation of mortgage
4. › Whether appropriate to vary payment date to deprive party of interest where mortgage procured by misleading conduct

Quick Take

The Court held that a party's obligation not to engage in misleading or deceptive conduct by silence is not diminished merely because the parties are in dispute and communicating through solicitors, particularly where a communication purports to convey objective financial information.