In relation to the High Court decision in Smythe v Bayleys Real Estate Ltd (1993) 5 TCLR 454(HC), answer ALL the following questions:

1.) very brief outline of the facts as well as explain what the dispute was about between the parties, which brought the matter before the High Court.

2.) The facts indicated that there was a critically important sign which advertised the sale of the property by auction.

(i) What was the information that the sign contained?

(ii) What if any difficulties did the sign give rise to and why?

3.) What was the factual basis for finding the first and second defendant liable and if so, what was the consequence for them individually for their respective liabilities?

4.) Thomas J's judgment states that "Mr Johannink was concerned about Bayley's incorrect and misleading advertising." (page 460)

(i) Who was Mr Johannink, what specific details of the advertising was he concerned about and to which particular individual did he express these concerns to?

5.) Under what Act as well as which particular section of this Act, did Thomas J determine the matter and what was his decision in respect of the actions of the defendants?

6.) What was the approach Thomas J outlined, that should be taken to interpreting and applying the section of the particular Act identified in question (5) above?

7.) In Thomas J's judgment, what relevance, if any does:

(i) A person's mental state, have on whether a statement is misleading or deceptive?

(ii) A person's self-imposed silence have in giving rise to conduct which might be said to be misleading or deceptive?

(iii) Which, particular defendant on the facts in Smythe v Bayleys Real Estate, had demonstrated self-imposed silence and in what specific ways had this occurred?

8.) Thomas J adopts the test in the Court of Appeal decision in Goldsbro v Walker [1993] 1 NZLR 394 for determining whether conduct is misleading or deceptive.

(i) How is this test satisfied?

9.) In determining the plaintiffs' actual loss what were the options for calculating such loss?

(i) Which of the options were adopted by Thomas J and why?

10.) The plaintiffs each claimed a sum for emotional stress which they suffered.

(i) How much did each of the two plaintiffs claim?

(ii) Did the plaintiffs' claim succeed, how much was each plaintiff awarded and why?

11.) What was the total dollar amount which the Court awarded to the plaintiffs?

(i) By how much was this total reduced and why?

Answer rating: 100% (QA)

Answer 1 In Smythe v Bayleys Real Estate Ltd 1993 5 TCLR 454HC the dispute arose from the sale of a property by auction conducted by the defendant Bayleys Real Estate Ltd The plaintiffs the Smythes al... View the full answer