No case submission, operation of section 159 of the Fair Trading Act: Blackman & Ors v Gant & Anor [2010] VSC 109 (31 March 2010)
April 5, 2010
In Blackman & Ors v Gant & Anor Vickery J considered a very interesting no case application by the Second Defendant. This is a case that has drawn considerable press coverage, including in the Australian and the Age.
FACTS (pars 4 – 11)
The Plaintiffs are the artist Charles Blackman and his trustee, Robert Dickerson. The Second Defendant is Peter Gant, an art dealer. Gant originally supplied three works of art to a Helen Stewart , another art dealer, together with two valuations of the works. She was the former First Defendant. Stewart sold the works to a a Robert Blanche, giving him a copy of the valuations. The evidence is that Blanche relied upon one of the valuations when purchasing the works and used the other for insurance valuation purposes. When, later, Blanche was advised that the works were not authentic he returned them to Stewart who refunded his money. Stewart then returned the works to Gant. The Second Defendant maintains the works are authentic. The issue before Vickery J was confined to the Second Defendant’s no case application.
ANALYSIS
The Plaintiffs claim, at [12], that the valuations impliedly represent that the works were authentic and consequently a breach of Read the rest of this entry »