Bowler v Hilda Pty Limited ACN 008 556 616 (in liq) [2001] FCA 342

FEDERAL COURT OF AUSTRALIA

Bowler v Hilda Pty Limited ACN 008 556 616 (in liq) [2001] FCA 342 TRADE PRACTICES - misleading and deceptive conduct - contravention arising from representation that unit purchased by the applicants could be lived in, rented out privately or rented out as a serviced apartment -whether this representation was false because the unit purchased by the applicants could not lawfully be used as a residential unit. LOCAL GOVERNMENT - town plan - interpretation of registered document of title - whether material extrinsic to register admissible in aid of interpretation of registered units plan INTERPRETATION - power of court of construction to give effect to intention of parties to registered document of title, not accurately reflected in the express provisions of the document

Unit Titles Act 1970 (ACT) Land (Planning and Environment) Act 1991 (ACT) Land Titles (Unit Titles) Act 1970 (ACT) Land Titles Act 1925 (ACT)

B & B Construction (Aust) Pty Ltd v Brian A Cheeseman & Associates Pty Ltd (1994) 35 NSWLR 227 referred to Re United Pacific Transport Pty Ltd [1968] Qd R 517 referred to Fitzgerald v Masters (1956) 95 CLR 420 applied Gwyn v Neath Canal Co [1868] LR 3 Exch 209 applied Glynn v Margetson & Co [1893] AC 351 referred to Consolidated Development Pty Ltd v Holt (1986) 6 NSWLR 607 referred to Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 referred to K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd (1985) 157 CLR 309 referred to CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 referred to Watson v Phipps (1985) 63 ALR 321 applied North Sydney Municipal Council v Sydney Serviced Apartments Pty Ltd (1990) 71 LGRA 432 referred to Grant v Estill Holdings Pty Ltd (Federal Court of Australia, unreported, 5 February 1990) referred to Cousin v Grant (1991) 103 FLR 236 referred to Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99 applied Gange v Sullivan (1966) 116 CLR 418 referred to Drummoyne Municipal Council v Lebnan (1974) 131 CLR 350 referred to Morpath Pty Ltd v ACT Youth Accommodation Group Inc (1987) 16 FCR 325 referred to Bowler v Hilda Pty Ltd [2000] FCA 899 referred to Sydney Serviced Apartments Pty Ltd v North Sydney Municipal Council (No 2) (1993) 78 LGERA 404 referred to Winn v Director General of National Parks & Wildlife [2001] NSWCA 17 referred to Leichhardt Municipal Council v Terminals Pty Ltd (1970) 21 LGRA 44 referred to The Progressive Mailing House Pty Ltd v Tabali Pty Ltd (1985) 157 CLR 17 referred to Beames v Leader [2000] 1 Qd R 347 referred to