Care A2 Plus Pty Ltd v Pichardo

[2024] NSWCA 35

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Consumer Law
2. › Misleading and deceptive conduct
3. › Australian Consumer Law s 18
4. › Whether Chief Financial Officer of small proprietary company was mere conduit of misrepresentations
5. › Causation
6. › Whether conduct made material contribution to loss
7. › Whether confirmatory representations causative
8. › Competition and Consumer Act 2010 (Cth) sch 2, ss 18, 236
1. Consumer Law
2. › Misleading and deceptive conduct
3. › Accessorial liability
4. › Knowing involvement
5. › Requisite degree of knowledge
6. › Whether knowledge of falsity of representations or reckless indifference established
7. › Competition and Consumer Act 2010 (Cth) sch 2, ss 2, 18, 236
1. Torts
2. › Deceit
3. › Exemplary damages
4. › Whether exemplary damages available for tortious deceit
5. › Quantum of exemplary damages
6. › Active participation in fraud by professional accountant

Quick Take

A CFO of a small company who sends financial projections, payment requests and remittances bearing their professional credentials will not be treated as a mere conduit of the company's misrepresentations, even if the fraud was orchestrated by another officer.