Harvard Nominees Pty Ltd v Tiller [2020] FCAFC 229

Harvard Nominees Pty Ltd v Tiller [2020] FCAFC 229

Suffering 'loss or damage' under ss 236 and 237 of the Australian Consumer Law is not limited to direct pecuniary loss; entry into a contractual arrangement by reason of misleading conduct, resulting in being bound to obligations or relationships one would have avoided, is sufficient to establish the precondition for statutory relief. Harvard was disadvantaged by being bound to leases with parties it would not have contracted with and at low rent, satisfying the requirement for loss or damage due to contravening conduct. The appeal is allowed and the matter remitted to determine appropriate statutory relief.

Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Appeal / Judgment on Appeal From Federal Court Decision ([2020] FCA 604); Appeal Allowed; Matter Remitted for Determination of Relief
Outcome
Appeal allowed; primary judge's orders set aside; matter remitted to determine relief under ss 236, 237 ACL; respondents to pay appellant's costs of appeal.
Legal Topics
['misleading or Deceptive Conduct' 'statutory Rescission' 'compensation Under Acl' 'rescission at Common Law and in Equity']
['consumer Law' 'equity' 'commercial Law'] ['misleading or Deceptive Conduct' 'statutory Rescission' 'compensation Under Acl' 'rescission at Common Law and in Equity']

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Procedural Posture

Appeal / Judgment on Appeal From Federal Court Decision ([2020] FCA 604); Appeal Allowed; Matter Remitted for Determination of Relief

Legal Issues

  1. 1 ["Whether entry into leases induced by misleading or deceptive conduct constitutes 'loss or damage' under ss 236 and 237 of the ACL" 'Whether loss or damage for statutory rescission/compensation is confined to economic loss or can include being bound to an unwanted contractual arrangement' 'Determination of causation for lost opportunity to lease farms at higher rent']

Ratio Decidendi

Suffering 'loss or damage' under ss 236 and 237 of the Australian Consumer Law is not limited to direct pecuniary loss; entry into a contractual arrangement by reason of misleading conduct, resulting in being bound to obligations or relationships one would have avoided, is sufficient to establish the precondition for statutory relief. Harvard was disadvantaged by being bound to leases with parties it would not have contracted with and at low rent, satisfying the requirement for loss or damage due to contravening conduct. The appeal is allowed and the matter remitted to determine appropriate statutory relief.

Court Disposition

Appeal allowed; primary judge's orders set aside; matter remitted to determine relief under ss 236, 237 ACL; respondents to pay appellant's costs of appeal.

Orders

  • ['The appeal is allowed.' 'Order 1 of the orders made on 19 March 2020, order 5 of the orders made on 11 May 2020 and order 1 of the orders made on 22 July 2020 are set aside.' 'The matter is remitted to the primary judge on the question of what, if any, relief should be granted under ss 236 and 237 of the ACL and...