Recent Cases 
Commercial Litigation
Delmenico v Brannelly & Anor [2008] QCA 74 (4 April 2008)
On 4 April 2008, the Queensland Court of Appeal dismissed the financial adviser’s appeal in the first Westpoint case of Delmenico vs Brannelly.
The Court made a number of damning remarks of the financial adviser’s case, including:
“The appellants did not call any evidence. The evidence of the respondent and of Mr Child (financial planning expert) was uncontradicted. In these circumstances, it is hardly surprising that the learned primary judge found that the first appellant had represented to the respondent that the investment in Bayshore was secure and that this statement was misleading.”
According to Graeme Hancock, who ran the client’s case, the decision augers well for the six other clients suing the same planner whose cases are awaiting a decision and all other cases where clients have relied on misleading and deceptive advice from a financial planner to make an investment.
Delmenico v. Brannelly & Anor [2008] QCA 74 (4 April 2008)
http://www.austlii.edu.au/au/cases/qld/QCA/2008/74.html
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