CONSUMER LAW — misleading or deceptive conduct — husband and wife plaintiffs seek to purchase property ‘off the plan’ in residential tower development — design concept of tower involves installation of black privacy screens on balconies of every third floor — defendant developer omits numbering levels 4 and 14 — whether defendant’s agent represented to plaintiffs by reference to display model that unit sought to be purchased would be on numbered level with black privacy screens where representation failed to account for omission of lower level numbers — silence or non-disclosure — whether defendant’s agent failed to warn of siting of intrusive structural columns and air-conditioning unit in property as finally built — representations as to future matters — whether representations, if made, were representations as to future matters or as to present facts — limitation of liability — disclaimer — whether bevy of disclaimers in contractual provisions and promotional material capable of and successful in dispelling misleading or deceptive quality of representations — preliminary character of ‘off the plan’ development renders plaintiffs dependent on representations of defendant’s agent — causation or reliance — black privacy screens of special importance to second plaintiff suffering from skin condition — remedies — defendant liable to repay deposit plus interest — defendant precluded from prosecuting claim against plaintiffs for breach of contract or claim enforcing contractual provision in respect of purchaser’s default
Case Details
Citation[2022] NSWSC 1461
CourtNSWSC
JurisdictionNew South Wales
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