Recent Cases

Mills v Walsh [2022] NSWCA 255 (08 December 2022) (Bell CJ, White and Brereton JJA)


CONSUMER LAW – Misleading or deceptive conduct – Contract for residential renovation works – Representation by silence that construction company was licensed to undertake works – Whether primary judge erred in finding future form of pleaded representation made out – “No transaction” case – Requirement of plaintiff to prove its loss – Price paid minus value of benefits received – Source of value in construction contract – Where partially renovated property subsequently demolished and rebuilt – Effect of circumstance that builder was unlicensed

CONTRACT – Identification of parties where no written contract in place – Whether construction company or its principal party to residential construction contract