Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Taylor v Crossman (No 2) [2012] FCAFC 11 Citation: Taylor v Crossman (No 2) [2012] FCAFC 11
Appeal from: Crossman v Taylor (No 3) [2011] FCA 734
Parties: BRENDAN TAYLOR v LYNETTE MARIE CROSSMAN
File number: SAD 169 of 2011
Judges: LANDER, COWDROY & FLICK JJ
Date of judgment: 24 February 2012
Catchwords: TRADE PRACTICES — Action for misleading or deceptive conduct in contravention of s 56 of the Fair Trading Act 1987 (SA) ('the Act') — where respondent and appellant formed second defendant company for purpose of acquisition and operation of marina business —respondent and appellant in personal relationship —appellant said to have made oral representations which induced respondent to enter into the venture including representation that both parties would contribute equally to funding of business — where respondent made substantially greater financial contribution to the company — where respondent seeks damages or compensation pursuant to ss 84 and 85 of the Act — whether representations were in trade or commerce
Legislation: Fair Trading Act 1987 (NSW), s 42 Fair Trading Act 1987 (SA), s 56 Trade Practices Act 1974 (Cth), ss 52, 82
Cases cited: Banque Financière de la Cité S.A. v Westgate Insurance Co Ltd [1991] 2 AC 249 Bevanere Pty Ltd v Lubidineuse (1985) 7 FCR 325 Concrete Constructions (N.S.W.) Pty Limited v Nelson (1990) 169 CLR 594 Coyne v Calabro (No 5) [2010] NSWSC 694 Dataflow Computer Services Pty Ltd v Goodman (1999) 168 ALR 169 Hearn v O'Rourke (2003) 129 FCR 64 Houghton v Arms (2006) 225 CLR 553 I & L Securities Pty Limited v HTW Valuers (Brisbane) Pty Limited (2002) 210 CLR 109 Kenny & Good Pty Limited and Another v MGICA (1992) Limited (1999) 199 CLR 413 Kowalczuk v Accom Finance (2008) 77 NSWLR 205 Marks v GIO Australia Holdings Limited (1998) 196 CLR 494 Murphy v Overton Investments Pty Limited (2004) 216 CLR 388 O'Brien v Smolomogov (1983) 53 ALR 107 Plimer v Roberts (1997) 80 FCR 303 Re Ku-ring-gai Co-Operative Building Society (No 12) Ltd (1978) 22 ALR 621 Wardley Australia Limited v The State of Western Australia (1992) 175 CLR 514
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