Lindfield NSW Pty Ltd v Netdeen Pty Ltd t/as G.J. Gardner Homes (No 3)

[2024] NSWSC 1305

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Consumer Law
2. › unconscionable conduct
3. › in connection with goods or services
4. › discussion of principles of unconscionability involving some degree of moral obloquy
5. › whether the defendant’s conduct in allowing the plaintiff to believe that renewal of the agreement was possible constituted sharp practice
6. › held that the defendant by not acting in good faith with the plaintiff engaged in unconscionable conduct
1. Consumer Law
2. › industry codes
3. › Franchising Code of Conduct
4. › where matters raised in the code fall within the substantive claim
1. Evidence
2. › expert evidence
3. › where defendant’s expert was retained to criticise the analysis of plaintiff’s expert
4. › where in oral evidence the defendant’s expert’s adopted a similar value and final damages amount to the plaintiff’s expert
5. › use of defendants valuation accepted
1. Contracts
2. › remedies
3. › damages
4. › after breach
5. › damages awarded for breach of contract using defendant’s expert’s valuation