Bowler, Bruce William & Anor v Hilda Pty Ltd & Ors [1996] FCA 928

CATCHWORDS TRADE PRACTICES - Misleading and Deceptive Conduct - whether oral representations made by agent in conjunction with written documents misleading - statement that return on investment 'guaranteed' - meaning of 'guarantee' - statement that agent's father had bought property - whether either representation a material inducement - reliance - relevance of subsequent unequivocal legal advice. Trade Practices Act 1974 (Cth), s52; 53 Gould v Vaggelas (1985) 157 CLR 215 Kabwand Pty Ltd v National Australia Bank Ltd (1989)11 ATPR 40-950 McMahon v Pomeray Pty Ltd (1991) 13 ATPR para 41-125 Metcalfe v NZI Securities Australia Ltd (1995) 17 ATPR 41-418 TRADE PRACTICES - Misleading and Deceptive Conduct - representation as to use of a unit on property to be redeveloped - representation that unit could be lived in, rented out or used as a serviced apartment - misrepresentation only pleaded against agent - no duty to disclose or correct information pleaded - whether agent's representation was to existing fact or future matter - whether agent had reasonable grounds for representations as to future matters - whether agent's representation as to future matter contained implied representation of belief as to principal's present intention - whether agent had reasonable grounds. Trade Practices Act 1974 (Cth), s52; 53; 53A(1)(b) Bell v Australasian Recyclers (WA) Pty Ltd (1986) 8 ATPR 40-644 Cummings v Lewis (1993) 113 ALR 285 Elders Trustee & Executor Co Ltd v Reeves Pty Ltd(1987)78 ALR 193 James v ANZ Banking Group Ltd (1986) 64 ALR 347 John G Glass Real Estate Pty Ltd v Karawi Constructions Pty Ltd (1993) 15 ATPR 41-249 Jones v Dumbrell [1981] VR 199 Yorke v Lucas (1985) 158 CLR 661 PRACTICE AND PROCEDURE - Amendment to Pleadings - deficiency in pleadings pointed out by respondent during directions hearings - no attempt to amend pleadings before hearing - deficiency raised again by respondent in closing address - application to amend pleadings made during reply - application too late. Cummings v Lewis (1993) 41 FCR 559 Ting v Blanche (1993) 118 ALR 543 B W BOWLER & J J BOWLER v HILDA PTY LTD & ORS No ACT G13 of 1995 FINN J CANBERRA 25 OCTOBER 1996