Consolo Ltd v Bennett [2012] FCAFC 120

FEDERAL COURT OF AUSTRALIA

Consolo Ltd v Bennett [2012] FCAFC 120 Citation: Consolo Ltd v Bennett [2012] FCAFC 120

Appeal from: Bennett v Elysium Noosa Pty Ltd (in liq) [2012] FCA 211

Parties: CONSOLO LTD (ACN 000 022 266) and CONSOLO PROPERTY PTY LTD (ACN 093 500 059) v LUKE ANTHONY BENNETT and PEARSON PROPERTY GROUP (NOOSA) PTY LIMITED (ACN 112 246 612) and PEARSON PROPERTY GROUP PTY LTD (ACN 076 423 268) v LUKE ANTHONY BENNETT

File numbers: QUD 198 of 2012 QUD 199 of 2012

Judges: KEANE CJ, MCKERRACHER & KATZMANN JJ

Date of judgment: 31 August 2012

Catchwords: TRADE AND COMMERCE – s 84(2) Trade Practices Act 1974 (Cth) – misrepresentations by sales agents – sale of lot in Community Title Scheme – whether misconduct engaged in on behalf of body corporate – whether misconduct engaged in at the direction of or with consent or agreement of director, employee or agent of body corporate acting within actual or apparent authority – responsibility of one joint venturer for conduct of other joint venturer – separate entity doctrine TRADE AND COMMERCE – s 52 Trade Practices Act 1974 (Cth) – pre-contract representations – sale of lot in Community Title Scheme – common facility to be provided as part of Scheme – misleading or deceptive representations made – conduct likely to mislead or deceive TRADE AND COMMERCE – s 53A(1)(b) Trade Practices Act 1974 (Cth) – false or misleading representations in connexion with the sale of an interest in land –– sale of lot in Community Title Scheme – false or misleading representations in connexion with facilities associated the land – common property TRADE AND COMMERCE – s 51A Trade Practices Act 1974 (Cth) – misleading representations as to future matters – sale of lot in Community Title Scheme – facilities to be provided as part of Scheme – whether reasonable grounds for making representations – operation of deeming provision in s 51A(2) – whether misleading under s 51A(1) TRADE AND COMMERCE – whether pre-contractual misconduct caused loss suffered on completion of contract TRADE AND COMMERCE – s 82(1) Trade Practices Act 1974 (Cth) – damages – quantum – loss claimed in respect of inducement to enter contract – sale of lot in Community Title Scheme – loss assessed at date of acquisition