In Hyder v McGrath Sales Pty Ltd  NSWCA 1647, McGrath was the agent for a battle-axe property that was sold. In previous years, an area of the driveway had been treated as a private parking area for this property. However after the Hyders purchased the property there was a dispute as to whether the area was in fact a private parking area. The Hyders claimed that McGrath made misleading and deceptive representations when describing the area as a private parking area.
The judge found that McGrath’s representations both orally and in the marketing material were misleading and deceptive. However, the Hyders failed to show that if these representations not been made, they would not have purchased the property. Also, the Hyders failed to take reasonable care for their own interests by not conducting pre-contractual enquiries. The judge reduced the damages by two thirds to take account of this. Read full case