Taylor, John Donald Stirling v Bazza Investments Pty Ltd & Anor Bazza Investments Pty Ltd & Anor v Innovation Management Pty Ltd & Anor De Porteous, Karl Martin v Bazza Investments Pty Ltd & Anor [1996] FCA 752

LIMITED DISTRIBUTION CATCHWORDS TRADE PRACTICES - misleading and deceptive conduct - whether publication of "Interest Document" claiming readiness for manufacture and production misleading - whether disclaimer warning reader that document should not be used as information for making an investment decision precludes finding that representations were misleading - conduct to be viewed as a whole TRADE PRACTICES - misleading and deceptive conduct - whether publication of "Interest Document" claiming readiness for manufacture and production misleading - whether director of investing company should have been held liable - no involvement in preparation or distribution of document - no knowledge that document inaccurate or misleading - whether consent to name being placed in document endorses representations contained therein

Parkdale Custom Built Furniture Pty. Ltd. v Puxu Pty. Ltd. (1982) 149 CLR 191 considered Clark Equipment Australia Ltd. v Covcat Pty. Ltd. (1987) 71 ALR 367 considered

TRADE PRACTICES - misleading and deceptive conduct - liability of corporate entities - managing director held individually liable - director's actions made on corporation's behalf - corporation aware that managing director represented to be acting on its behalf - commercial involvement in enterprise giving rise to misleading conduct

TRADE PRACTICES - misleading and deceptive conduct - reliance - representee investing by payment of instalments - several instalments paif with knowledge that representations false - whether instalments would have been paid "but for" initial representations - whether payment of instalments made by way of discharging duty to mitigate one's loss

PRACTICE AND PROCEDURE - pleadings - requirement to provide particulars of special damage - degree of particularity required - argument in mitigation of loss not pleaded at first instance - brief reference made in written submissions to trial Judge - submission not advanced orally