11 Dec 2007
TFAC LIMITED AND ANOR V DAVID AND ANOR HC AK CIV-2006-404-3984
- Citation
- openlaw-834d123c_c770_4702_b4bb_52bd2c4694d6.pdf
- Court
- High Court
Considering the totality of representations (Australian success, promotional literature, introductions to Australian franchisees, positive profile analysis commentary, repeated assertions of high enquiry levels) and material nondisclosures (terminated New Zealand franchisees and absence of sales), the defendants' conduct was objectively misleading under s9 Fair Trading Act; contractual disclaimers and certificates did not negate the proven overall misleading course of conduct; plaintiffs reasonably relied on the representations and established causation, entitling them to cancellation and res…