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Australia Case Law

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Consumer law

D’Cruz v Coutinho

The Court found misleading conduct in property investment promotions, struck out several defences, and awarded the plaintiffs $854,010 plus pre-judgment interest.

  • Misleading or deceptive conduct
  • Australian consumer law s 18
  • Damages
  • Persons involved in contraventions
  • Striking out defence for non-compliance
  • Reliance and causation
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Misleading or deceptive conduct

Westpac Banking Corporation v Lee

Westpac Banking Corporation v Lee [2013] NSWCA 375

The Court of Appeal dismissed Westpac’s appeal over misleading GPS promotions, holding the product was presented as PEL-like and materially different features were not disclosed.

  • Capital protection features in financial products
  • Misrepresentation
  • Non-disclosure
  • Reliance and causation
  • Comparison of financial instruments
  • Misleading-or-deceptive-conduct
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Trade practices

Magenta Nominees Pty Ltd v Richard Ellis (Western Australia) Pty Ltd & Ors

Magenta Nominees Pty Ltd v Richard Ellis (Western Australia) Pty Ltd & Ors [1995] FCA 671

The Full Court dismissed an appeal and cross-appeal arising from the sale of a shopping centre, upholding findings on no actionable misrepresentation, no proven overvalue, and costs after a settlement offer.

  • Misleading or deceptive conduct
  • Assessment of damages
  • Breach of contract
  • Negligence
  • Valuation of property
  • Costs orders
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Trade practices

Sheedy M.J. & Anor v Abalpark Pty Ltd & Ors

Sheedy M.J. & Anor v Abalpark Pty Ltd & Ors [1995] FCA 493

The Federal Court dismissed an appeal alleging misleading conduct in the sale of a newsagency business, finding no actionable misrepresentation or reliance.

  • Misleading or deceptive conduct
  • Negligence
  • Misrepresentation
  • Scope of professional duty
  • Bank liability for advice
  • Reliance and causation
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Trade practices

Lake Cumbeline Pty Ltd & Ors v Effem Foods Pty Ltd & Anor

Lake Cumbeline Pty Ltd & Ors v Effem Foods Pty Ltd & Anor [1995] FCA 451

The Court dismissed a s 52 Trade Practices Act claim, finding the applicants did not rely on alleged misrepresentations when investing in Trawl or continuing the venture.

  • Misleading or deceptive conduct
  • Contractual misrepresentation
  • Section 52 of trade practices act
  • Reliance and causation
  • Commercial contracts
  • Supply agreements
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.