CONTRACTS — construction of clause in loan agreement requiring borrower to give to lender certain documents or information “received or accessible by” the borrower — where the sole shareholder and director of the borrower companies was also the chief executive officer (but not the directing mind and will) of another company — held that confidential information of that other company received by its chief executive officer in his capacity as such was not attributed to and was not “received or accessible by” the borrower companies within the meaning of the clause
MISLEADING OR DECEPTIVE CONDUCT — alleged misleading or deceptive express and implied representations — held that alleged representations not proved — alleged misleading or deceptive conduct by silence or partial disclosure — allegations not proved because (inter alia) no reasonable expectation that undisclosed matters would be disclosed
Case Details
Citation[2022] NSWSC 1181
CourtNSWSC
JurisdictionNew South Wales
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