Recent Cases

Schrader v Broach [2024] NSWCA 14 (07 February 2024) (Gleeson, Leeming and Stern JJA)


APPEALS – leave to appeal – whether leave required – monetary threshold – where no realistic prospect of parties being awarded damages in excess of $100,000

EVIDENCE – witness evidence – reliability of witness evidence – fallibility of memory over time – where applicants had strong views as to evidence consistent with them having become entrenched in a factual position not necessarily based upon actual recollection – no error in primary judge’s assessment of evidence

CONSUMER LAW – misleading or deceptive conduct – “likely” to mislead or deceive – where standard form cost plus contract prepared with price estimate of $300,000 – whether price estimate misleading or deceptive – clear warnings in contract

CONSUMER LAW – misleading or deceptive conduct – contract for residential renovation works – requirement that plaintiff prove loss – where property partially renovated – price paid under contract less than value of building works completed – where plaintiff seeking damages to reflect increased cost of building works

CONSUMER LAW – unconscionable conduct – whether conduct unconscionable – breach of terms of standard form cost plus contract – where respondent sent invoices and spreadsheets rather than budget reports – invoices issued by respondent in no way prevented applicants from querying costs claimed