Bowler v Hilda Pty Ltd [2000] FCA 899

FEDERAL COURT OF AUSTRALIA

Bowler v Hilda Pty Ltd [2000] FCA 899 TRADE PRACTICES – alleged contraventions of Part V of the Trade Practices Act 1974 (Cth) – purchase of unit in property redevelopment – alleged contravention arising from representation that unit purchased by applicants could be lived in, rented out privately or rented as a serviced apartment – whether representation false because residential use of unit not authorised upon registration of units plan: Land (Planning and Environment) Act 1991 (ACT), s 175 – whether representation false because residential use of building not approved by Building Controller: Building Act 1972 (ACT), s 54A – whether representation relied upon by applicants. ACCESSORIAL LIABILITY – Part V contraventions made out – whether directors of property redevelopment company and of real estate companies liable under s 75B of the Trade Practices Act 1974 (Cth) – whether requisite actual knowledge present. DAMAGES – assessment of damages under s 82 of the Trade Practices Act 1974 (Cth) – applicants claim difference between price paid for, and "true value" of, unit at date of acquisition – extent to which subsequent events expose "true value": Kizbeau Pty Ltd v WG&B Pty Ltd (1995) 184 CLR 281 – applicants claim difference between total outlays and receipts – whether all losses flowed directly from contraventions.

Trade Practices Act 1974 (Cth), s 52, s 53(g), s 53A, s 53A(1)(b), s 75B, s 75B(a), s 75B(c), s 82, s 84(2) Federal Court of Australia Act 1976 (Cth), s 51A Land (Planning and Environment) Act 1991 (ACT), s 159, s 175, s 225, s 227, s 228, s 230, s 230(3), s 235, s 235(1), s 245(1), s 245(2), s 249 Unit Titles Act 1970 (ACT), s 16(1)(a), s 24, s 25, s 25(1)(b) Building Act 1972 (ACT), s 32(1), s 32(1)(a)(iii), s 32(1)(a)(iv), s 33(1), s 33(6), s 54A Buildings (Design and Siting) Act 1964 (ACT), s 6