On 6 July 2012, his Honour Justice Cowdroy found that irrespective that Technology Leasing Limited (“TLL”) was successful in their claim against Lennmar Pty Ltd and the Parton’s, Lennmar had succeeded in their Cross-Claim against Technology Leasing on several points including:
1. TLL engaged in unconscionable conduct;
2. TLL was knowingly concerned in Freshtel’s contravention of s 47(6) of the TPA;
3. TLL has been indirectly a party to the misleading and deceptive conduct by operation of both s 75B of the TPA and of s 12CC of the ASIC Act.
4. TLL is liable by virtue of s 73(1) jointly and severally to Lennmar for the amount of loss or damage sustained by Lennmar in engaging in the transaction as a result of Freshtel’s conduct, including the diminution or extinction of the liability which would otherwise exist.
5. That Lennmar Pty Ltd and the Partons were mislead or deceived in accordance with s 52 of the Trade Practices Act 1974
The parties were directed at the conclusion of the judgment to formulate declarations to reflect the findings of the court. It was Lennmar’s view, given their success with their Cross-Claim, to seek costs be paid on an indemnity basis.
On 7 November 2012, his Honour Justice Cowdroy, following receipt of written and oral submissions on the question of costs, awarded Lennmar Pty Ltd and the Parton’s costs on a party-party basis.
The judgments can be accessed below:
Judgment Primary Case: