Astram Financial Services Pty Ltd v Bank of Queensland Ltd [2010] FCA 1010

FEDERAL COURT OF AUSTRALIA

Astram Financial Services Pty Ltd v Bank of Queensland Ltd [2010] FCA 1010 Citation: Astram Financial Services Pty Ltd v Bank of Queensland Ltd [2010] FCA 1010

Parties: ASTRAM FINANCIAL SERVICES PTY LTD, LEICESTER DENIS RAMSEY, KIM SUE-ELLEN RAMSEY and LD RAMSEY FAMILY TRUST v BANK OF QUEENSLAND LTD

File number: NSD 2479 of 2006

Judge: BUCHANAN J

Date of judgment: 15 September 2010

Corrigenda: 20 September 2010 15 September 2010

Catchwords: TRADE PRACTICES – s 52 of Trade Practices Act 1974 (Cth) – misleading and deceptive conduct – alleged misrepresentations made in oral discussions – representations contrary to statements made in formal written documents – necessity to look at whole course of conduct – representations either not made or not misleading or deceptive having regard to whole course of conduct – no reliance on representations – no loss or damage caused to applicants TRADE PRACTICES – s 51AC of Trade Practices Act 1974 (Cth) – respondent alleged to have engaged in unconscionable conduct – unconscionable conduct involves a high level of moral obloquy or is highly unethical – no unconscionable conduct established on facts TRADE PRACTICES – s 51AD of Trade Practices Act 1974 (Cth) – breach of industry code – franchising code of conduct – no failure to comply with franchising code of conduct – no breach of legislation CONTRACTS – breach of contract – representations alleged to be warranties of a contract collateral to formal written contract – such representations not made or not breached – no repudiation by respondent of formal written contract EVIDENCE – tendency evidence – amendments to Evidence Act 1995 (Cth) – evidence only admissible if it will have significant probative value – evidence sought to be adduced was not admissible under tendency rule TRUSTS – trustee remains personally liable even if documents were signed as trustee