CPR Property Pty Ltd (ACN 100 407 341) v New South Wales Land and Housing Corporation [2010] FCAFC 32

The directions to Willowdene and Transfield under clause 16 were not misleading or deceptive in contravention of the Fair Trading Act 1987 (NSW), as they did not convey a message of permanent prohibition irrespective of the investigation's outcome, and reflected the Principal's Representative's reasonable belief based on the circumstances.

Parties: First Appellant: CPR Property Pty Ltd (ACN 100 407 341); Second Appellant: Robert Hine; First Respondent: New South Wales Land and Housing Corporation; Second Respondent: State of New South Wales
Jurisdiction: Australia
Judgment Date: 11 March 2010
Procedural Posture: Appeal / Full Court Decision Following Dismissal at Trial
Outcome: Appeal dismissed
Legal Topics: Misleading or Deceptive Conduct, Conditions of Contract, Fair Trading Act, Direction Under Contract Clause, Negligence

Trade Practices Contract Administrative Law Misleading or Deceptive Conduct Conditions of Contract Fair Trading Act Direction Under Contract Clause Negligence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2

Parties

CPR Property Pty Ltd (ACN 100 407 341)

First Appellant

Robert Hine

Second Appellant

New South Wales Land and Housing Corporation

First Respondent

State of New South Wales

Second Respondent

Procedural Posture

Appeal / Full Court Decision Following Dismissal at Trial

Legal Issues

1 Whether a notice given under a contract was misleading or deceptive
2 Whether conduct constituted a breach of duty of care owed to CPR Property

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

The appeal be dismissed.
The appellants pay the respondents' cost of the appeal.