Federal Court of Australia
Federal Court of Australia
O'Mara Holdings Pty Ltd v The Patch Australia Pty Ltd [2023] FCAFC 154 Appeal from: O'Mara Holdings Pty Ltd v The Patch Australia Pty Ltd [2022] FCA 366
File number(s): ACD 17 of 2022
Judgment of: MARKOVIC, HALLEY AND GOODMAN JJ
Date of judgment: 13 September 2023
Catchwords: CONSUMER LAW – misleading and deceptive conduct – whether statements made before entry into a shareholders agreement and the fact of such entry conveyed a representation that a contracting party was capable of performing its obligations under the shareholders agreement within a particular timeframe – whether such a representation, if conveyed, was misleading or deceptive – appeal dismissed
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2, ss 4, 18, 236
Cases cited: Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Ltd (2010) 241 CLR 357; [2010] HCA 31 O'Mara Holdings Pty Ltd v The Patch Australia Pty Ltd [2022] FCA 366
Division: General Division
Registry: Australian Capital Territory
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 98
Date of hearing: 11 November 2022
Counsel for the Appellant: Mr W D B Buckland
Solicitor for the Appellant: Trinity Law
Counsel for the Respondents: Mr M Hassall
Solicitor for the Respondents: Minter Ellison
ORDERS ACD 17 of 2022
BETWEEN: O'MARA HOLDINGS PTY LTD (ACN 134 926 716) Appellant
AND: THE PATCH AUSTRALIA PTY LTD (ACN 616 225 555) First Respondent
MARK ANDREW WILLIAMS Second Respondent
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