Eighty-Second Vocation Pty Ltd v Parere Investments Pty Ltd [2005] FCA 844

FEDERAL COURT OF AUSTRALIA

Eighty-Second Vocation Pty Ltd v Parere Investments Pty Ltd [2005] FCA 844 TRADE PRACTICES – misleading or deceptive conduct – whether claim time barred – when claim became "reasonably ascertainable" – whether representations as pleaded were made – reliance – whether reasonable grounds for future representations – Trade Practices Act 1974 (Cth), ss 51A, 52, 75B and 82 NEGLIGENCE – negligent misstatement – commercial negotiations at arms length – whether parties were "partners" – whether parties were "joint venturers" – whether duty of care owed – whether reasonable grounds for making representations – whether representations caused loss EQUITY – fiduciary duties – parties' relationship that of directors and shareholders – whether fiduciary relationship between parties RESTITUTION – unjust enrichment – whether shareholder can recover property or value of property allegedly misappropriated from company – Corporations Act 2001 (Cth), ss 236 and 237 Trade Practices Act 1974 (Cth) ss 51A, 52, 75B and 82 Trade Practices Amendment Act (No 1) 2001 (Cth) Sch 1 Corporations Act 2001 (Cth) ss 236 and 237 Bryan v Maloney (1995) 182 CLR 609 at 617-18 cited Cole v South Tweed Heads Rugby League Football Club Ltd (2004) 207 ALR 52 discussed Donoghue v Stevenson [1932] AC 562 at 580 referred to Hill v Rose [1990] VR 129 distinguished Hill v Van Erp (1997) 188 CLR 159 cited Hospital Products Limited v United States Surgical Corporation (1984) 156 CLR 41 at 73 and 147 referred to Karedis Enterprises Pty Limited v Antoniou (1995) ATPR ¶41-427 at 40,816 referred to Perre v Apand Pty Limited (1999) 198 CLR 180 cited Sutherland Shire Council v Heyman (1985) 157 CLR 424 at 497-8 referred to Wardley Australia Limited v The State of Western Australia (1992) 175 CLR 514 at 536-7 referred to